Session Summary with Special Session

Prepared by

MINNESOTA HOUSE OF REPRESENTATIVES PUBLIC INFORMATION OFFICE

175 STATE OFFICE BUILDING 100 CONSTITUTION AVENUE ST. PAUL, 55155-1298 (651) 296-2146

Highlights

Introduction

The 1998 Minnesota Legislature convened on Jan. 20, 1998, and lawmakers adjourned sine die late in the evening April 9, 1998. Lawmakers were in session for 46 legislative days, accumulating a total of 109 legislative days during the biennium. As specified by the Minnesota Constitution, the Legislature may meet for up to 120 legislative days during a two-year period. (A legislative day is counted when a quorum of either the House or Senate is present to conduct business as a body.) During the regular 1998 session, 1,629 bills were introduced in the House and 1,422 in the Senate. Of the 157 bills and four resolutions sent to the governor, a total of 15 were vetoed (11 full vetoes and four line-item vetoes). One bill was recalled by the Senate. The list of accomplishments from the 1998 session includes: a $1 billion capital projects law that will finance construction of public facilities around the state; a new tax law that provides more than $1 billion in tax rebates and reductions; an education initiative that will provide $70 million to help implement the state’s Graduation Standards; a measure that will provide a 3 percent raise for health care workers at nursing homes; and a proposed constitutional amendment that would eliminate the Office of the State Treasurer. Gov. Arne Carlson called legislators back April 20, 1998, for a special session to clarify a public policy question affecting Marvin Windows and Doors in Warroad, Minn. Two other laws were passed during the three-day session. New Laws 1998 is divided into six major parts: First, the Highlights section begins on page 9. It is written in an easy-to-read style for those who want a quick overview of legislation approved in 1998. Second, the Special Session section discusses the two major laws that were passed during the three- day special session. Third, the Vetoed Bills section lists all the bills vetoed or line-item vetoed by the governor, with synopses of his reasons for doing so. Fourth, the Dead Bills section cites some of the bills discussed in 1998, but not passed by the House and Senate. To be considered again, these bills must be reintroduced as new bills in the 81st Legislative Session. Fifth, the Summary section gives a technical review of each approved bill as it appeared on the bill when it was sent to the governor. Also included is a listing of all Minnesota statutes that the bill affects. Sixth, the Index section provides a comprehensive list of bills by Chapter number, House file number, Senate file number, bill title, effective date, and finally, by subject. If you wish to obtain a copy of a bill, call the House Chief Clerk’s Office (651) 296-2314, or the Senate Information Office (651) 296-2343. Ask for the bill by Chapter number, or House or Senate file number. Bills are also available on the Legislature’s World Wide Web site (http://www.leg.state.mn.us). The House and Senate public information offices have toll-free numbers for residents outside the metropolitan area. To reach the House, call 1-800-657-3550. To reach the Senate, call 1-888-234-1112.

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Acknowledgments

New Laws 1998 is an information service of the Minnesota Legislature. The 1998 edition was published by the Minnesota House of Representatives Public Information Office. The work is a culmination of effort involving many individuals and departments: House and Senate members and staff, the House Research Department, the Office of the Chief Clerk, the Index Department, the Legislative Reference Library, and the Office of the Revisor of Statutes. House Public Information Office permanent and temporary staff members collected, wrote, verified, and coordinated the information to produce the publication. Those who participated in the effort were Paul Battaglia, Toinette L.B. Bettis, Sandy Donovan, Peg Hamerston, Nick Healy, Ken Kaffine, LeClair G. Lambert, Grant Martin, Mary Newcomb, Tom Olmscheid, Laura Phillips, Jim Thielman, Andrew Von Bank, Matt Wetzel, and Nicole Wood.

On the cover: Photo illustration by Paul Battaglia.

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Contains 20% post-consumer content

This document can be made available in alternative formats by calling the House at 651-296-2146 voice, 651-296-9896 TTY or the Senate at 651-296-0504 voice or 651-296-0250 TTY

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Contents Introduction ...... 3 Highlights ...... 9

Topics Agriculture ...... 9 Health ...... 36 Banking...... 10 Higher Education ...... 38 Bonding ...... 11 Housing ...... 39 Business ...... 13 Human Services ...... 41 Children ...... 15 Industry ...... 43 Consumers ...... 16 Insurance ...... 45 Crime ...... 17 Law ...... 46 DWI...... 19 Local Government ...... 48 Education...... 19 Metro Affairs ...... 50 Elections ...... 22 Military ...... 51 Employment ...... 22 Taxes ...... 51 Energy ...... 24 Technology ...... 54 Environment ...... 24 Tourism...... 54 Family ...... 28 Transportation ...... 54 Gambling ...... 29 Veterans ...... 57 Game & Fish ...... 29 Selected fees adopted in 1998 ...... 58 Government ...... 29 1998 Special Session...... 59 Vetoed Bills...... 61 Dead Bills ...... 67 Summary ...... 81 Committees of Origin Resolutions...... 81 Governmental Operations...... 89 Agriculture ...... 82 Health & Human Services ...... 91 Commerce, Tourism Judiciary ...... 93 & Consumer Affairs ...... 82 Labor-Management Relations ...... 97 Economic Development Local Government & International Trade ...... 83 & Metropolitan Affairs ...... 98 Education...... 84 Regulated Industries & Energy ...... 99 Environment & Natural Resources...... 86 Taxes ...... 100 Financial Institutions & Insurance...... 87 Transportation & Transit ...... 100 General Legislation, Veterans Affairs Ways & Means ...... 102 & Elections...... 88 1998 Special Session...... 105 The Lawmaking Process ...... 106 House and Senate Members...... 108 Indexes...... 110 New Laws 1998 by: Topic ...... 6 House File ...... 112 Title ...... 78 Senate File ...... 114 Chapter ...... 110 Effective Date ...... 116

Highlights Subject Index...... 119

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Highlights by Topic Agriculture DWI Help for grain farmers ...... 9 Repeat DWI offenders ...... 19 Marketing and bargaining...... 9 Protecting animals ...... 9 Education K-12 education finance...... 19 Banking Graduation Standards ...... 20 Checks in the mail ...... 10 State Board of Education...... 20 Reporting fraudulent checks ...... 10 Special education...... 20 Women and credit history ...... 10 Superintendents’ salaries ...... 21 Lost or stolen debit cards ...... 10 Boarding schools ...... 21 Regulating trust companies ...... 11 All-day kindergarten ...... 21 Savings associations ...... 11 Loophole closed ...... 21 Bonding Summer school ...... 21 Statewide capital improvements...... 11 Earlier start dates...... 21 RiverCentre arena ...... 11 American Indian Scholarships ...... 21 Light rail transit and transportation ...... 12 Extracurricular activities ...... 21 Higher education spending ...... 12 Teacher licensing data ...... 21 K-12 education projects ...... 12 Per pupil funding ...... 22 Recreation and conservation...... 13 Elections State buildings ...... 13 Elections provisions modified ...... 22 Convention centers ...... 13 Tourism and economic development ...... 13 Employment Higher unemployment benefits?...... 22 Business Unemployment benefits, errors ...... 23 Trademarks and service marks ...... 13 Hibbing workers’ benefits ...... 23 Franchise law exemption...... 14 Nursing mothers ...... 23 Business on Sundays ...... 14 Day training services ...... 23 Alcohol sales on campus...... 14 Emergency dispatcher status ...... 23 Professional service providers ...... 15 State Board of Accountancy ...... 15 Energy Limited partner regulations ...... 15 Alternative fuels: E85, M85 ...... 24

Children Environment Child protection system ...... 15 Environmental spending ...... 24 Living with livestock ...... 24 Consumers Personal watercraft ...... 24 Home mortgage services ...... 16 Good funds ...... 16 Snowmobile studs ...... 24 Getting extended area service...... 16 Minnesota Zoo shortfall ...... 24 Deformed frogs ...... 25 Crime Gypsy moths ...... 25 Crime prevention legislation ...... 17 Minnesota grown ...... 25 Prosecuting gangs ...... 17 Helping dairy farmers ...... 25 Charging burglars ...... 17 Timber wolf depredation ...... 25 Fighting drugs...... 17 Living snow fences ...... 25 Protecting police officers ...... 17 Mississippi whitewater rafting ...... 25 Conditional release ...... 18 Tornado damage...... 25 Juvenile offenders ...... 18 Personal watercraft regulation ...... 25 Right to ride ...... 18 State park expansion ...... 26 Reporting crime ...... 18 Extending the Gateway Trail ...... 26 Financing justice ...... 18 BOWSR, wetland conservation ...... 26 Sex offender release process ...... 18 Transport packaging waste ...... 26 Liability limits for nonprofits ...... 19 Red tags on petroleum tanks ...... 27 MPCA and contaminated sites...... 27 Upgrading landfill closures ...... 27 Lottery revenue dedication ...... 27

6 Highlights

Family Housing Fathers’ adoption registry ...... 28 Affordable housing shortage ...... 39 Clarifying open adoption law...... 28 Affordable housing corporation ...... 40 Child support hearing process...... 28 Housing options for seniors...... 40 Paying off liens ...... 40 Gambling Selling abandoned homes ...... 40 Gambling proceeds and the ADA...... 29 Tenant security deposits ...... 40 Decorative gas lamps ...... 40 Game & Fish Hunting, fishing heritage ...... 29 Human Services Ice fishing season extended ...... 29 Health, human services finance ...... 41 Abortion reporting ...... 41 Government Fighting Fetal Alcohol Syndrome ...... 41 State government finance...... 29 Care provider pay hikes ...... 41 Attorney general’s budget ...... 30 Helping legal immigrants ...... 42 Studying feedlots ...... 30 Medical education ...... 42 Community-based planning...... 30 Food safety ...... 42 Lottery changes ...... 30 Consumer health assistance ...... 43 Perpich’s portrait ...... 30 Fighting cancer in women...... 43 Settling border disputes...... 31 Stopping STDs ...... 43 Future Olympians ...... 31 Work barrier removal resolution ...... 43 Administration ...... 31 Abolish treasurer’s office?...... 31 Industry Omnibus pension law ...... 31 Electric industry study...... 43 Privatizing hospitals ...... 32 Protecting telephone customers ...... 44 Surviving-spouse benefits ...... 32 Biomass fuels ...... 44 Part-time teachers’ pensions ...... 32 Pipeline excavation notices ...... 44 Applying for workers’ comp ...... 32 Using professional titles ...... 44 Public employee insurance plan ...... 32 New recruitment methods ...... 32 Insurance Easing the car crunch ...... 33 MCHA cap increased ...... 45 Meetings via telephone...... 33 Defining ‘chronically ill’ ...... 45 Transfer of duties completed ...... 33 Medical equipment, supplies ...... 45 Term limit for board members...... 33 No rebates on insurance ...... 45 Eliminating obsolete rules...... 33 Reinsurance investment options ...... 45 ‘Best value’ procurement system...... 34 New investment options...... 46 Emergency assistance compact ...... 34 Red Cross volunteers ...... 34 Law Donating ‘distressed’ foods ...... 34 Government data practices ...... 46 Tornado disaster relief ...... 34 A health care directive ...... 46 Olmsted County appointment ...... 35 Protection for news media ...... 47 Claims against the state ...... 35 Special guardians, conservators...... 47 Questions of law...... 47 Health Correcting minor mistakes ...... 47 Civil commitment law changes ...... 36 Prenatal alcohol abuse ...... 36 Local Government ‘Off-label’ drug coverage ...... 36 Removing conflict of interest ...... 48 Improper use of DEA numbers ...... 37 City council controls process...... 48 Regulating health occupations ...... 37 Audited financial statements ...... 48 Hepatitis B vaccinations ...... 37 Emergency construction project ...... 48 Safe drinking water ...... 37 Registering dogs at city hall...... 48 Automatic external defibrillators ...... 38 A simple majority ...... 49 ‘Critical access’ hospitals ...... 38 Chisago County recorder ...... 49 Elected post becomes appointed...... 49 Higher Education Minnesota counties contribute ...... 49 Higher education funding ...... 38 Recording real estate matters ...... 49 Funding for MnSCU...... 39 Small-purchase limit increased ...... 49 University of Minnesota spending...... 39 Nonprofit corporations...... 50 Petitioning for cartways ...... 50

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Metro Affairs Boosting employment ...... 59 Promoting public participation ...... 50 Economic development ...... 59 Metropolitan Council contracts...... 50 Marvin Windows and Doors ...... 60 Innovative bike racks ...... 51 Vetoed Bills Military Full vetoes NATO expansion resolution ...... 51 No industrial hemp study ...... 61 TAP expansion vetoed ...... 61 Taxes Jobs, housing, development ...... 62 Omnibus tax law ...... 51 Open absentee ballot program ...... 62 Property tax rebates...... 51 Updating voter addresses ...... 63 Property tax reform ...... 51 Absentee ballots with ‘reason’...... 63 Flood losses ...... 52 Absentee ballot pilot project ...... 63 This old house ...... 52 Family, early childhood bill ...... 63 Truth in taxation ...... 52 Acquiring nonprofit hospitals ...... 64 Seniors’ property tax deferral ...... 52 No break on auto premiums...... 64 Farm equipment sales taxes ...... 52 Real estate filing fees...... 65 Convention centers, arenas ...... 52 Line-item vetoes Manufactured home sales ...... 53 Environmental projects cut...... 65 Taxes on public entities ...... 53 Attorney general’s budget ...... 65 Budget reserves ...... 53 Higher education funding cut ...... 65 Gambling taxes ...... 53 No funds for aging needs, study ...... 66 Federal update ...... 53 Saving subsidized housing...... 53 Dead Bills Property tax rebate ...... 53 Feedlot regulation ...... 67 ATM transaction fees ...... 67 Technology Banking service fees ...... 67 Digital signatures ...... 54 USS Des Moines ...... 68 Children’s endowment fund...... 68 Tourism Child Guide Program ...... 69 Fishing dispute resolution...... 54 Rent-to-own contracts ...... 69 Debt collectors using aliases ...... 69 Transportation Curbing repeated violence ...... 69 Transportation funding ...... 54 Legal blood-alcohol limit ...... 70 State troopers ...... 54 Claiming education tax credits ...... 70 Highway projects ...... 54 The state and failing schools ...... 70 Lake Street planning board...... 55 Students riding public buses...... 71 Elected Metropolitan Council ...... 71 Registration task force ...... 55 Unpaid parental leave...... 71 Driver’s licenses and teens ...... 55 Raising the minimum wage ...... 72 License provisions clarified ...... 55 Motors in boundary waters...... 72 Bowe Memorial Highway...... 56 Child custody decisions...... 72 Ignoring highway barricades ...... 56 Omnibus game and fish bill ...... 72 Blue service sign criteria ...... 56 Moose odds increase...... 73 Sirens and flashing red lights ...... 56 An evenly divided House? ...... 73 Making vehicles available ...... 56 Unicameral legislature bills ...... 74 No more fingerprint checks ...... 57 Small gifts still count ...... 74 Aircraft repair resolution ...... 57 Tobacco investments ...... 74 Business and public subsidies...... 74 Veterans Selecting U of M regents ...... 75 Gulf War veterans’ bonuses ...... 57 Medical malpractice lawsuits ...... 75 Four Chaplains Day ...... 57 Residency requirements ...... 75 Spraying for mosquitoes...... 76 Fee chart Second NATO resolution...... 76 Selected new, increased fees adopted in 1998 ...... 58 Metrodome lease agreement ...... 76 Twins and community ownership ...... 76 Special session Permanent income tax cuts ...... 77 Child care, jobs, housing ...... 59 ‘No-wait’ rebate ...... 77 Child care and family assistance...... 59 Property tax video ...... 77 Housing and the homeless...... 59 Tobacco tax increase ...... 77

8 Highlights

Selected 1998 laws Editor’s note: Highlights, the first section in New Laws 1998, is written for those who want a general overview of major legislation that was approved during the 1998 session. The new laws are categorized alpha- betically under topics, such as Agricul- ture, Banking, and Bonding. Where bills fall under more than one topic, cross ref- erences are cited. Appropriations bills are discussed under the topics to which they apply. For easy reference, House file (HF) numbers, Senate file (SF) numbers, and Chapter (CH) numbers appear at the end of each highlight. An asterisk after either the House file number or the Senate file A new law appropriates $8.8 million to assist wheat and barley farmers in northwestern Minnesota who number indicates the version of the bill have experienced financial losses as the result of a plant disease called “scab.” Under the new law, that was sent to the governor. Write-ups affected farmers could receive up to $4,000 each to help pay for crop insurance. on major bills include references to article the cost of federal crop insurance premiums. agriculture producer associations and pro- and section numbers wherever possible. The 16 counties included in the new law cessors in cases of dispute. The new law also Effective dates are included in most of the fall near Minnesota’s entire western border, authorizes the association and the processor highlights. but the most widespread losses have been in to enter into binding arbitration, if media- The Highlights Subject Index begin- the northwest. tion fails and both parties agree to ning on page 119 also is useful in finding The eligible counties are Beltrami, Clay, arbitration. information on specific subjects. Clearwater, Kittson, Lake of the Woods, Lin- Under prior law, disputes were resolved by coln, Lyon, Mahnomen, Marshall, Norman, the Minnesota Department of Agriculture. Pennington, Pipestone, Polk, Red Lake, The department said that only a few pro- Roseau, and Wilkin. ducer associations have been formed and AGRICULTURE Another provision of the new law autho- certified since enactment of the 1973 law. rizes the Department of Agriculture, in co- Rep. Al Juhnke (DFL-Willmar) and Help for grain farmers operation with the city of Minneapolis, to Sen. Dennis Frederickson (R-New Ulm) perform inspections, tests, and trapping to sponsored the new measure. A new law provides $8.8 million in assis- identify and eradicate the source of a contin- HF2708*/SF2414/CH373 tance for struggling grain farmers in 16 Min- ued red flour beetle infestation in a Minne- nesota counties, mostly in the northwest por- apolis neighborhood that borders a grain tion of the state. processing facility. Protecting animals Wheat and barley farmers have lost signifi- Rep. Jim Tunheim (DFL-Kennedy) and Effective Aug. 1, 1998, a new law provides cant parts of their crops during the past five Sen. LeRoy Stumpf (DFL-Thief River Falls) some exceptions to animal cruelty laws for years to flooded fields and to a plant disease sponsored the measure. horse and dog breeders when they are trans- called “scab” — a problem linked to the HF3853*/SF3409/CH395 porting and housing their animals. persistent wet weather experienced in north- A person now will be able to transport a western Minnesota. horse or other cloven-hoofed animal on a Farmers have seen catastrophic drops in Marketing and bargaining vehicle with its legs tied together if the person yield as the result of scab and other wet-cycle A new law makes adjustments to the way is the owner of the animal or an employee of plant diseases. At the same time, federal crop farmers can do business in associations. the owner and if the animal weighs less than insurance has risen in cost and dropped in The measure, effective Aug. 1, 1998, 250 pounds. coverage. amends and clarifies the Agricultural Mar- The tying, which must be done “in a hu- Effective April 22, 1998, the new law pro- keting and Bargaining Act passed in 1973, mane manner,” can last no longer than 30 vides aid to farmers who have carried federal which allows agriculture producers to bar- minutes. The new law also states that it must crop insurance and experienced heavy crop gain and market their crops collectively to be necessary to move the animal. losses. Under the measure, farmers whose processors. The law also outlines new specifications losses have reached a specific threshold may Most notably, the new measure outlines a for doghouses. They must be waterproof or receive up to $4,000 each to help reimburse mediation process that is to occur between be at least two inches off the ground. From

9 Highlights

the beginning of November until the end of Environmental projects cut Reporting fraudulent checks March, every doghouse must have a wind- (See Vetoed Bills, page 65) break at the entrance. A new law, effective Aug. 1, 1998, aims to Feedlot regulation Under the new law, horses also must be encourage banks and credit unions to report protected from bad weather — including the (See Dead Bills, page 67) information concerning fraudulent check use hot sun or harsh cold, wind, rain, and snow to the crime alert network or law enforce- — in some kind of shelter where the horse ment agencies. can easily stand, lie down, and turn around. BANKING The law limits the liability of financial The previous law specified that horses institutions who provide stolen, forged, or should be protected when the bad weather Checks in the mail fraudulent check information. As long as an institution acts in good faith involves either freezing rain or a temperature Restrictions will be placed on the unsolic- when they disclose information, they will be above 95 degrees. ited checks that some financial institutions free of risk of being held liable by the subjects Outdoor, fenced-in exercise areas for mail to consumers, under a new law. of the disclosure, under the new law. horses need not have a separate shelter if the Consumers who find such checks in their The measure was sponsored by Rep. horse can get to an existing one nearby and as mailboxes are actually receiving loan solici- Mary Jo McGuire (DFL-Falcon Heights) and long as they’re not kept outside during bad tations, carrying interest rates as high as Sen. Ember Junge (DFL-New Hope). weather. 30 percent. HF3389/SF2493*/CH337 House Majority Leader (DFL- Effective Jan. 1, 1999, the new law stipu- Fulda) and Sen. Steve Dille (R-Dassel) spon- lates that no financial institution or lender sored the legislation. can send such a check unless it complies with HF2065/SF816*/CH402 several new requirements. Women and credit history The checks will be required to become A new law seeks to give divorced and wid- Environmental spending void after 30 days, and information will have owed women a fairer shake when applying (See Environment, page 24) to be sent with the check advising consumers for loans and credit cards. Environmental spending: to destroy it if they do not use it. Effective Jan. 1, 1999, the law will require Living with livestock Consumers will have to be told in plain that creditors consider the credit history of (See Environment, page 24) terms that the check is a loan, and the loan an applicant’s spouse and that credit histo- agreement will have to be on the back of the ries be reported in the name of both spouses. Environmental spending: check. House sponsor Rep. Peggy Leppik Minnesota grown If such a check is fraudulently cashed by (R-Golden Valley) said the law will help (See Environment, page 25) someone other than the addressee, the con- women who were conscientious borrowers Environmental spending: sumer is to be absolved from liability by while married, but find themselves unable to signing a statement saying he or she did not Helping dairy farmers secure credit after a death or divorce because cash the check. (See Environment, page 25) the credit history exists solely in their former The check will have to be mailed in an spouse’s name. State government finance: envelope that does not indicate its contents. “There are times when an applicant finds Studying feedlots Also, it must not be forwarded if the con- she has no credit history,” Leppik said. “This (See Government, page 30) sumer no longer lives at the address. [will] give that person recourse to state court Bill sponsor Rep. Bill Haas (R-Champlin) Higher education funding: and small claims court. The applicant still has said during House floor discussion of the to establish her own credit-worthiness.” University of Minnesota spending measure that he received one such check — Sen. Deanna Wiener (DFL-Eagan) spon- (See Higher Education, page 39) for thousands of dollars — in the mail. sored the measure in the Senate. Petitioning for cartways He said if the check would have been lost or HF2309*/SF2136/CH327 (See Local Government, page 50) stolen, and cashed, it would have been a hardship. He said his legislation puts proce- Omnibus tax law: dures in place to protect the consumer. Lost or stolen debit cards Property tax rebates The measure allows an exception for pro- (See Taxes, page 51) spective borrowers who already have an open- A new law, effective Aug. 1, 1998, limits end credit arrangement, such as a credit card customer liability to $50 on lost or stolen Omnibus tax law: debit cards. Property tax reform account, with a lender. The law also contains regulations on loan The law covers the debit cards that finan- (See Taxes, page 51) solicitations that use “facsimile checks,” which cial institutions issue to holders of checking Omnibus tax law: are documents that appear to be real checks, accounts. Besides getting cash out of auto- Farm equipment sales tax but are not. matic teller machines, consumers can use (See Taxes, page 52) Sen. Michelle Fischbach (R-Paynesville) debit cards to make purchases that are di- sponsored the measure in the Senate. rectly deducted from their checking account, No industrial hemp study HF2016/SF2550*/CH335 as long as the merchant has a terminal that (See Vetoed Bills, page 61) can handle debit card transactions. The law limits customer liability to $50 if

10 Highlights

the card is lost or stolen. The limit applies to Sen. Edward Oliver (R-Deephaven) spon- RiverCentre arena unauthorized transactions made before the sored the legislation. The bonding bill appeared to be headed for bank receives notice that the card has been HF3748/SF908*/CH331 disaster late in the legislative session due to lost or stolen. (There is no liability for trans- the sometimes controversial RiverCentre actions made after the financial institution hockey arena proposal. has been notified.) Savings associations The House-Senate conference committee A similar liability limit for credit card hold- A new law, effective Feb. 28, 1998, provides could not agree on an arena appropriation, ers exists in current law. for the continued existence of savings and the governor was threatening to veto all Rep. Ann H. Rest (DFL-New Hope) and associations. or parts of the bonding bill if the appropria- Sen. Edward Oliver (R-Deephaven) spon- The state law that allowed state-chartered tion was absent. sored the measure. savings associations to exist was to be re- The $130 million arena plan itself also HF2500*/SF2540/CH295 pealed effective July 1, 1999, but the new law appeared to be in jeopardy. With the early allows the associations to continue and new stages of construction about to begin, it looked ones to form. Savings associations are similar like the city would have to shoulder the Regulating trust companies to banks and savings and loans. financial burden of the facility, possibly dam- A new law, effective Aug. 1, 1998, makes it It was expected that a federal law would aging the city’s bond credit rating. easier for financial organizations to form make savings associations obsolete, but that Members of the St. Paul City Council were trust companies. legislation has not come to fruition. considering measures to delay the demoli- The Department of Commerce sought the In early 1998, there were about five savings tion of the current arena until the financing change in law with the belief that trusts are a associations operating in the state. issue was settled. developing area of business and should, there- Rep. Jim Tunheim (DFL-Kennedy) and A renegotiated lease between the city of St. fore, be supported. Sen. Don Samuelson (DFL-Brainerd) spon- Paul and the Minnesota Wild hockey team Trust companies are set up to act as trust- sored the new measure. finally provided the necessary boost to re- ees for estates, retirement plans, or similar HF2890/SF2478*/CH260 solve the stalemate. situations that involve investing people’s as- The new lease allows the state to receive sets in authorized securities. Banks with trust ATM transaction fees payments on its contribution and gives the departments do the same thing. (See Dead Bills, page 67) city of St. Paul the ability to assume more of Companies in related businesses such as the debt without risking its bond credit Banking service fees rating. brokerages are likely prospects to start trust (See Dead Bills, page 67) companies, under the new law. Under the new bonding law, the state is to The new law allows interstate branching of provide a $65 million interest-free loan to the city to assist in the construction of the hockey trust companies, like banks, and it sets up a BONDING separate chapter of laws for trust companies, facility. separate from bank laws. The measure requires that $48 million of A majority of directors and governors of a Statewide capital improvements the loan be repaid by the Minnesota Wild through a set payment schedule over the next trust company must be residents of the state, The 1998 bonding law invests $999 million and applications for trust companies will be 20 years as outlined in the law. The payments for capital improvements statewide. range from $1.25 million to $4.75 million granted if the applicants are considered to be The measure is the largest capital invest- of good financial and moral character and annually. The payments will go to a youth ment package in state history. The bonding activities account. there is a reasonable demand for trust com- bill passed in 1994 held the previous record at pany services in that area. The remainder of the loan will be forgiven, $711 million. provided the team can reach an agreement The minimum required capitalization is The 1998 law is also unusual in that it pays $500,000, with a surplus of at least 20 per- with the Minnesota Amateur Sports Com- for more than half of the amount with cash mission to open the arena to the public for cent, and the trust company must maintain from the general fund as opposed to bonding an investment of at least 25 percent of its free events each year. for the entire amount. Under the initial proposal presented by capital as a guaranty fund for the protection Proponents of this approach argued that it of its customers. The trust company also can the governor and included in the House would be better to finance these improve- version of the bill, the state was to provide a assume the powers and duties of a bank, if it ments without placing the debt burden on meets the requirements and obtains a bank $65 million grant to fund arena future generations. construction. charter. Effective April 22, 1998, the new law allows Minnesota trust companies can establish Under the final lease agreement, the Min- the state to sell bonds to raise revenue for nesota Wild will not pay the $35 million in and maintain offices in other states, and trust many public works projects in the areas of companies established in other states can construction costs required by the previous transportation, higher education, environ- lease. Instead, the team is required to pay the operate offices in Minnesota, the law states. ment, and economic development. But state trust companies must keep a prin- city $3.5 million in rent annually. The bill was sponsored by Rep. Henry The team remains responsible for the daily cipal office in Minnesota. Kalis (DFL-Walters) and Sen. Keith Langseth Rep. (DFL-Int’l Falls) and maintenance of the facility over the period of (DFL-Glyndon). the lease and retains all revenue generated HF3843*/SFnone/CH404 from the facility, including the ticket sur-

11 Highlights

Higher education spending The largest portion of the bonding law — $281.4 million — goes to improvements to the state’s higher education facilities. Of that amount, the University of Minnesota receives $138.3 million for projects across the state. The Twin Cities campus receives funding for several improvements, including $53.6 million for the Walter Library, $1.3 mil- lion for renovations to Amundson Hall, $4 million for biology laboratories in Gortner and Snyder halls, and $6.9 million for im- provements to Peters Hall. (Sec. 2, Subds. 3, 4) The measure also removes some debt ser- vice responsibilities for the university for specific projects. This will allow the univer- sity to initiate additional improvements, in- Demolition of the old St. Paul Civic Center arena began in May 1998 to make way for the construction cluding a new $35 million molecular and of a new hockey facility for the Minnesota Wild. The 1998 bonding law provides the city of St. Paul a cellular biology building, a $14.6 million ad- $65 million loan to help finance the project. dition to the Architecture Building, and reno- charge and outdoor marquee revenue origi- downtown Minneapolis to the Minneapolis- vations to Murphy and Ford halls. nally slated to go to the city. St. Paul International Airport and the Mall of Other projects funded in the university The lease agreement also retains the team’s America. The line is being called the Hiawatha system include $28.2 million for improve- exemption from property tax, provided that Avenue Corridor. (Sec. 17, Subd. 3) ments to the science and mathematics facility the team makes a payment in lieu of tax that The state’s contribution will be matched at the Morris campus, $22.3 million for the is based on revenue recouped by the team with federal transit capital funds that are to construction of a new library at the Duluth from the ticket surcharge and the outdoor be made available by Congress. campus, and $4.4 million for university-op- marquee. The remaining $6.5 million for LRT in the erated agriculture stations statewide. The Initially, the city would have been required law is to be used to study expansion of the measure also provides $600,000 to the Duluth to issue bonds in the amount of $30 million, LRT into St. Paul and other corridors and to campus for repairs on the Glensheen Man- which would have put the city at its maxi- study commuter rail development. (Sec. 17, sion historical site. (Sec. 2, Subds. 8-10) mum debt capacity. The debt would have Subd. 3) The Minnesota State Colleges and Univer- been serviced by revenues from the $1 ticket LRT typically serves urban-suburban mar- sities system receives $143.1 million for state- surcharge and the outdoor marquee, and by kets with short distances between stations. wide improvements, including $10.4 million an existing half-cent sales tax. Commuter rail primarily serves the subur- at North Hennepin Community College, The final lease requires the city to cover the ban market, typically providing links from $10 million at St. Paul Technical College, remaining $65 million in construction costs outlying areas to the LRT. Commuter rail $16 million at Hibbing Community and Tech- for the facility. The additional debt will be uses existing rail lines and is characterized by nical College, and $43 million to fund asset serviced by the rent payments and payments longer station-to-station distances of approxi- preservation at several system facilities. made in lieu of property taxes by the team. mately 2.5 miles. (Sec. 3, Subds. 2, 8, 15, 25) The facility is expected to be completed in The measure appropriates $5 million to time for the Minnesota Wild to play in the assist in developing rural transit. Transit sys- K-12 education projects 2000 hockey season. tems in Duluth, Mankato, and St. Cloud also The Department of Children, Families and Proponents of the plan say that the arena is receive funds, under this provision. (Sec. 17, Learning receives $62.4 million for projects, just a part of a larger plan to revitalize the Subd. 4) under the new law. entire RiverCentre facility and downtown St. The measure also appropriates $34 million Of that amount, $5 million is for Youth Paul. They say that the expansion of the for the construction and repair of Minnesota Enrichment Grants. Communities can apply entire facility will mean new jobs and eco- bridges. Transportation officials told law- for the funds to develop after-school com- nomic development in the area. (Sec. 23, makers that bridges are deteriorating faster munity facilities. (Sec. 5, Subd. 3) Subd. 6) than expected because of unprecedented use Also from this amount, $14 million goes to by heavier vehicles and because of a change in a grant to the St. Paul School District to assist Light rail transit and transportation construction methods 40 years ago. (Sec. 17, in the development of community schools. The prospect of a light rail transit (LRT) Subd. 2) (Sec. 5, Subd. 6) system in the Twin Cities moves closer to Of Minnesota’s 19,790 bridges, 3,460 are The law also provides $9.2 million for the reality with the new law, which provides deficient by federal standards, according to renovation of facilities at the state academies $46.5 million for transit-way development. the transportation department. A total of 573 for the deaf and blind in Faribault, Minn., The new law provides $40 million of this of those are on the trunk highway system, and allocates $1.4 million to the Lola and amount to build a transportation line from and 2,887 are on local road systems. Rudy Perpich Center for Arts Education for improvements. (Secs. 4, 6)

12 Highlights

Recreation and conservation The Department of Natural Resources (DNR) receives nearly $130.3 million for a myriad of projects, including $10.3 million to acquire and maintain state trails and $17 million for improvements to the state park system. (Sec. 7, Subds. 3-6, 22) Other projects overseen by the DNR in- clude $30 million for grants to local govern- ments to prevent or control flood damage, $4 million to establish and maintain metro- politan-area green space and natural areas, $5 million for safe harbors on Lake Superior, $5 million to improve trails in the metropoli- tan area park system, and $10.3 million for the acquisition and development of state- wide trails. (Sec. 7, Subds. 9, 19, 22, 24) The Board of Soil and Water Resources gets $19.8 million, under the new law. Of that figure, $15 million goes toward targeting wetlands for protection under the Reinvest Plans to expand the Minneapolis Convention Center are funded in the 1998 bonding law. The city of in Minnesota program. Under the program, Minneapolis receives $87 million to help finance the project. landowners are paid to retire certain lands from agricultural production or place wet- Duluth receives $12 million for the expan- lands into conservation. (Sec. 10) sion of the Duluth Entertainment and Con- BUSINESS vention Center. Other convention center State buildings funding is provided to the Minnesota cities of Trademarks and service marks The new bonding law contains several ap- Fergus Falls, Hutchinson, Rochester, and St. propriations which seek to maintain the state’s Cloud. (Sec. 23, Subds. 9-13) A new law aims to upgrade the state trade- stock of buildings. mark and service mark registration system The Department of Administration re- Tourism and economic development and allow owners of marks to better defend ceives $15 million to fund the Capital Asset Under the new law, the Minnesota His- themselves against infringement. Preservation and Replacement Account torical Society receives $13.1 million for At the request of the International Trade- (CAPRA). The CAPRA account is used to projects, including $4 million for the St. An- mark Association and the secretary of state’s finance urgent and necessary improvements, thony Falls heritage area in Minneapolis, office, the new law provides for the cancella- such as elimination of hazardous materials $1 million for the Hubert H. Humphrey tion of a mark that has become a generic or emergency repairs. (Sec. 13, Subd. 2) Museum and Learning Center in Waverly, name, defines when a mark has been aban- The department also receives money for Minn., and $780,000 for improvements to doned, and revises the provisions relating to other state facilities, including $3.8 million to the Split Rock Lighthouse visitor center. (Sec. mark infringement and dilution. construct a new Bureau of Criminal Appre- 25, Subds. 4, 7, 10) The International Trademark Association, hension building, $5.4 million for relocation The new law also includes appropriations a 119-year-old nonprofit organization with of the Department of Revenue to its new to political subdivisions for various projects. over 3,500 members from 120 countries, facility in the Capitol complex, and $3.1 mil- These projects include $3 million to the works closely with state legislatures in an lion to transfer workers from the troubled Southwest Regional Development Commis- attempt to create uniform trademark laws Capitol Square Building in downtown St. sion for the creation of the Prairieland Expo across the country. Paul. (Sec. 13, Subds. 4, 6, 11) and $4.5 million to the city of Mankato for The organization has 41 members in Min- The new bonding law also appropriates the development of a technology center. nesota, including Dayton-Hudson Corp., $9.5 million to the Capitol Area Architec- (Sec. 23, Subds. 15, 31) General Mills Inc., Land O’Lakes Inc., and tural and Planning Board for improvements The city of St. Paul receives $3.8 million to numerous law firms. at the state Capitol. (Sec. 13, Subd. 14) redevelop the Phalen Corridor on the city’s Under the new law, effective Aug. 1, 1998, East Side and the nearby area around the a registered mark is considered generic if the Convention centers former Stroh brewery facility. Hennepin mark is no longer considered by the public to Convention centers also receive a good County is allocated $7 million for the identify exclusively the goods or services of deal of attention in the new bonding law. Humboldt Avenue “greenway” project in the mark holder (“aspirin,” for example) and Along with the St. Paul RiverCentre, the city Minneapolis. (Sec. 23, Subds. 14, 25) a mark will be deemed abandoned after two of Minneapolis receives $87 million to help St. Paul also receives $2.3 million for the years of nonuse within the state. finance the expansion of the Minneapolis construction of a new Penumbra performing If a mark becomes diluted — the mark’s Convention Center. (Sec. 23, Subd. 7) arts facility to showcase African American capacity to identify certain goods and ser- artists. (Sec. 23, Subd. 24) vices has been clearly diminished by its use

13 Highlights

without the owner’s consent on dissimilar Rep. (DFL-St. Paul) and Scott Lambert, of the Minnesota Auto Deal- products — the new law allows the rightful Sen. Allan Spear (DFL-Mpls) sponsored the ers Association, said that his organization has owner to seek a court injunction against an- measure. no problem with exempting trailers from the other person’s use of the mark. HF3841/SF3397*/CH353 Sunday sales ban, but the automobile dealers Rep. Peggy Leppik (R-Golden Valley) and Lambert represents are not interested in do- Sen. Edward Oliver (R-Deephaven) spon- ing regular business on Sundays. sored the new measure. Business on Sundays Sen. Bob Lessard (DFL-Int’l Falls) spon- HF2315*/SF2344/CH315 A new law makes it easier for Minnesota’s sored the measure in the Senate. boat, snowmobile, and all-terrain vehicle HF2425/SF2170*/CH267 Franchise law exemption dealers to do business on Sundays. Previously, boat, snowmobile, and all-ter- Alcohol sales on campus Northwest Airlines cannot use a 1997 law rain vehicle trailers were considered “motor to its advantage in a court battle, under a new vehicles” under state law, which prohibits the The sale of alcohol on state university law. sale of motor vehicles on Sundays. That meant grounds is allowed on a limited basis, under The 1997 Legislature passed legislation for customers without their own trailer had no a new state law. Northwest Airlines that retroactively ex- way to transport their purchases on Sundays. Effective Aug. 1, 1998, a provision in the empted the airline from Minnesota’s fran- Effective March 6, 1998, the new law fixed law allows issuance of temporary on-sale li- chise law. the impractical glitch in state law by exempt- quor licenses for events sponsored or ap- The state franchise law provides franchi- ing certain trailers from the Sunday sales ban. proved by the university requesting the per- sees with some degree of protection against A second provision in the new law also mit. The law does not apply to campus sport- unwarranted termination of agreements with aims to make life easier for trailer dealers. ing events, fraternity or sorority parties, or their parent companies. Prior to the passage of the law, it was other functions geared toward students. Legislators discovered this year that the necessary for an individual to hold a fran- Legislators were told the permits are for retroactive exemption had an effect on pend- chise license in order to sell a motor vehicle. social functions at universities, such as plays ing litigation against Northwest Airlines. The new law exempts trailers from the fran- held on campus, where wine sales have been A $30 million lawsuit filed in Maine in chise requirement. requested. The temporary licenses also could 1994 by Northeast Express Airlines and Pre- Rep. Irv Anderson (DFL-Int’l Falls), spon- be used for on-campus alumni functions. cision Valley Aviation claims that Northwest sor of the measure, was alerted to the prob- Legislators also were told that community Airlines violated Minnesota’s franchise law lems with trailer sales by a small-marine dealer functions are sometimes held on campuses when it dropped the two commuter airlines, in his district. Originally, Anderson said, he and that some civic organizations have re- forcing them into bankruptcy. considered doing away with the Sunday mo- quested to serve liquor on campus. The new law clarifies that the 1997 fran- tor vehicle sales ban entirely. Effective April 7, 1998, another new provi- chise exemption does not apply to any agree- But that idea opened a “hornet’s nest,” he sion allows on-sale liquor licenses to be is- ments that were subject to litigation prior to said. Some dealers support Sunday sales; sued for Giants Ridge Golf and Ski Resort passage of the law. The new law is effective many do not. and for Ironworld Discovery Center. A state retroactively to May 31, 1997. During a House committee hearing, agency, the Iron Range Resources and Reha- bilitation Board, owns and operates Ironworld in Chisholm, Minn., and Giants Ridge near Biwabik, Minn. The fee charged for a license issued for Ironworld or Giants Ridge must be compa- rable to the fee charged in the surrounding area. Also effective April 7, 1998, the law ex- empts towns of 5,000 or less from a restric- tion that allows the sale of only one tempo- rary license to a municipality within a 30-day period. The exemption also applies to licenses issued in connection with commu- nity festivals. Rep. Jim Tunheim (DFL-Kennedy) and Sen. Sam Solon (DFL-Duluth) sponsored the new measure. HF2695/SF2274*/CH364

A new state law prohibits Northwest Airlines from using a 1997 law to its advantage in a $30 million lawsuit against the company.

14 Highlights

Professional service providers tions of issuing warnings to or entering into Day training services corrective action agreements with accoun- (See Employment, page 23) A new law ensures that physician assistants tants who violate state law or rules governing Removing conflict of interest and foreign-licensed attorneys are able to the profession. reap the benefits of partnerships in Minne- The new law also gives the board authority (See Local Government, page 48) sota professional service organizations. to discipline unlicensed preparers of unau- Digital signatures Under previous law, only certain profes- dited financial statements. Committee testi- (See Technology, page 54) sions were allowed to organize as profes- mony produced a letter that was sent to the sional associations. board from a Duluth flower shop owner who Ignoring highway barricades: Effective March 24, 1998, physician assis- had been subjected to seemingly unethical Blue service sign criteria tants were added to the statutory list of pro- practices by her unlicensed accountant. “I (See Transportation, page 56) fessional service providers, which also in- am writing to you as a plea for help,” the letter Marvin Windows and Doors cludes physicians, registered nurses, dentists, began. “. . . [The accountant] has always been (See Special Session, page 60) architects, and attorneys, among others. more overpowering than any hired person The new measure came at the urging of the should be.” Rent-to-own contracts Minnesota Academy of Physician Assistants, Under the new law, the board can inter- (See Dead Bills, page 69) who told lawmakers many of its members vene on behalf of individuals, such as the Debt collectors using aliases had been thwarted in their attempts to be- flower shop owner, regardless of the (See Dead Bills, page 69) come full partners with the supervising phy- accountant’s license status. sicians under whom they were employed. Another provision establishes procedures Raising the minimum wage At the request of a large Minneapolis law for the board to deal with accountants who (See Dead Bills, page 72) firm with offices in Hong Kong, London, and fail to renew their licenses each year. A license Business and public subsidies Brussels, Belgium, another provision of the not renewed for more than two years will be (See Dead Bills, page 74) new law clarifies that foreign-licensed attor- automatically revoked, under the new law. neys are eligible to become full partners in Currently, the board is allowed to impose Minnesota law firms. However, the new law a civil penalty of up to $2,000 per violation to does not allow foreign attorneys to practice recover the cost of disciplinary proceedings. CHILDREN law in this state without a Minnesota license. Under the new law, the board also can re- Rep. Ann H. Rest (DFL-New Hope) and cover reasonable investigative fees. Child protection system Sen. Ember Junge (DFL-New Hope) spon- Rep. Nora Slawik (DFL-Maplewood) and sored the new measure. Sen. Edward Oliver (R-Deephaven) spon- A new law seeks to address issues that have HF2641/SF2378*/CH309 sored the new measure. recently come to light regarding the state’s HF2308*/SF2014/CH340 ability to protect children who are in danger. In January 1998, the legislative auditor State Board of Accountancy released an evaluation of the state’s child A new law aims to assist the State Board of Limited partner regulations protection system. The auditor found that services varied greatly from county to county Accountancy in the oversight of nearly 12,000 Regulations by which a limited partner in licensed public accountants in Minnesota. and that no external oversight exists to moni- an investment can withdraw from a partner- tor the actions in these cases. The auditor The board, whose members are appointed ship are changed under a new law. by the governor, exists to protect Minneso- suggested numerous approaches to reform- The law allows limited partners to with- ing the current state of the system. tans from unethical and incompetent ac- draw from an investment partnership only if counting practices. The new law, most of which is effective permitted by the written partnership agree- April 21, 1998, incorporates many of the Among its many duties, the board admin- ment. If the agreement contains no with- isters certified public accountant exams and suggestions, along with changes recently drawal authority, the limited partner will not mandated by federal law. The law creates a certifies, licenses, and regulates public ac- be able to withdraw. countants. The board also has the power to more uniform statewide system and attempts Current law allows limited partners to with- to provide a sufficient level of oversight to revoke or suspend licenses and take disci- draw unless it is specifically forbidden in the plinary actions against individuals who vio- make sure that the cases are handled written partnership agreement. effectively. late state law governing the practice of Limited partners invest in a partnership but accounting. The federal changes are intended to in- are usually not subject to the same legal liabili- crease safety and speed up permanent place- Effective Aug. 1, 1998, the new law gives ties to which the general partners are subject. the board more latitude in disciplinary ac- ment for abused and neglected children, and The new law applies to partnerships formed must be adopted if Minnesota is to receive tions. Rather than suspending or revoking a after July 31, 1998, and to partnerships formed license, the board has the option of engaging $58 million in federal fostercare and adop- earlier that contain a written provision al- tion assistance funds. in a monitoring program designed to correct lowing withdrawal. deficiencies. The new law also requires that the Depart- Rep. Bill Macklin (R-Lakeville) and ment of Human Services design a statewide Depending upon the severity of the of- Sen. Don Betzold (DFL-Fridley) sponsored fense, the new law grants the board the op- child protective services plan with input from the measure. the county-administered programs. HF2507/SF3036*/CH320

15 Highlights

In addition, the law requires the depart- Under the law, most residential mortgage Getting extended area service ment to formulate a statewide permanency brokers and lenders must be licensed by the plan. The plan would seek to place children Department of Commerce by Aug. 1, 1999. A new state law makes it easier to petition more quickly into permanent living situa- Effective July 1, 1999, the law also will the Public Utilities Commission for extended tions, either with a parent or another alterna- establish an industrywide code of conduct telephone service within school district tive home. against infractions such as misrepresenta- boundaries. The new law also directs spending of a $10 tion of services, misleading statements, or A 1997 law required a majority of all tele- million family preservation appropriation deceptive advertising. The standards of con- phone customers in each exchange to vote in contained in the omnibus health and human duct will apply even if the business, such as a favor of extended area service within a school services law signed by the governor (HF2868/ bank or credit union that is already regu- district. SF3346*/CH407). lated, is exempt from licensing. The new measure, effective March 24, 1998, Of that amount, a total of $9.3 million goes “Clear standards of conduct which apply requires only that a majority of customers to the counties to assist in permanent place- to all residential mortgage originations will who cast a vote is required to extend the ment, and $500,000 goes to the Department provide a level playing field within the indus- service. of Human Services to assist in planning and try as well as offer protection to consumers,” Extended area service is often sought in coordination of the statewide system. said Rep. Jim Tunheim (DFL-Kennedy), who rural areas, where calls from residents to The child protection bill was sponsored by sponsored the legislation in the House. their children’s school can result in long dis- Rep. Matt Entenza (DFL-St. Paul) and Sen. Linda Scheid (DFL-Brooklyn Park) tance charges. While extended area service Sen. Jane Ranum (DFL-Mpls). sponsored the measure in the Senate. may result in higher monthly service charges, HF2985*/SF2682/CH406 HF2983/SF2966*/CH343 it does make each call within a school district a local call. K-12 education finance: House Minority Leader (R-Kenyon) and Senate Majority Leader All-day kindergarten Good funds (See Education, page 21) Roger Moe (DFL-Erskine) sponsored the Imagine signing away the title to your home measure. Hepatitis B vaccinations and walking away from the deal with a bad HF3644*/SF3170/CH326 (See Health, page 37) check. Or waiting a month after closing for Government data practices the money to roll in. Checks in the mail (See Law, page 46) Due to a nationwide rash of mortgage (See Banking, page 10) company failures, a new state law aims to Child care, jobs, housing Women and credit history ensure that only “qualified” loan funds ex- (See Banking, page 10) (See Special Session, page 59) change hands at residential real estate Family, early childhood bill closings. Lost or stolen debit cards (See Vetoed Bills, page 63) Some types of qualified funds include cash (See Banking, page 10) in the form of U.S. currency, cashier’s checks Children’s endowment fund Health, human services finance: or bank money orders issued by a federally Consumer health assistance (See Dead Bills, page 68) insured financial institution, and U.S. Trea- (See Human Services, page 43) Child Guide Program sury checks. (See Dead Bills, page 69) Effective Aug. 1, 1998, lenders must de- Protecting telephone customers liver loan funds to closing agents in the form (See Industry, page 44) of qualified funds, unless the closing agent TAP expansion vetoed has conducted more than 25 successful trans- CONSUMERS (See Vetoed Bills, page 61) actions for the lender. Home mortgage services Minnesota is now one of more than 10 ATM transaction fees states that have adopted “good funds” legis- (See Dead Bills, page 67) Shopping for a home mortgage can be lation to guarantee available funds at Rent-to-own contracts risky and confusing. Consumers often as- closings. (See Dead Bills, page 69) sume they are dealing with a bank, whose Rep. Matt Entenza (DFL-St. Paul) and activities are heavily regulated, when in fact, Sen. Sam Solon (DFL-Duluth) sponsored Debt collectors using aliases their lender or broker may be an unknown the measure. (See Dead Bills, page 69) player in the residential mortgage industry. HF2971/SF2489*/CH344 Should anything go wrong during the pro- cess, the consumer is left without any re- course except, perhaps, an appeal to the at- torney general’s office. Effective July 1, 1998, a new law establishes state licensing and regulation for companies that perform residential mortgage services in Minnesota.

16 Highlights

CRIME Crime prevention legislation Gov. Arne Carlson signed omnibus judi- ciary finance and crime prevention legisla- tion that includes several provisions aimed at lengthening penalties for certain crimes. One such provision in the new law classi- fies murder committed in the course of a kidnapping as a more serious type of murder, effective Aug. 1, 1998. A person convicted of such a crime will be sentenced to life without parole, Minnesota’s toughest sentence. (Art. 2, Sec. 6) Rep. Stephen Wenzel (DFL-Little Falls), who backed the provision, said that measure comes in response to the 1996 murder-kid- napping of Paul Antonich, a Two Harbors, A new anti-crime law includes provisions designed to make it easier and safer for police officers to do Minn., teen-ager taken from his father’s car their jobs. in Duluth after a minor traffic accident. provides enhanced penalties for crimes com- that Minnesota is seeing a dramatic increase Another new provision, effective mitted for the benefit of a gang to include in use of the drug. Aug. 1, 1998, makes intentional murder com- crimes “motivated by involvement with” a Effective Jan. 1, 1999, the drug will be mitted during a drive-by shooting a first- gang. The provision also increases these en- raised to the same status as cocaine and heroin degree murder crime, increasing the prison hanced penalties. (Art. 2, Sec. 9) and the manufacture of any amount of meth- sentence for the offense. (Art. 2, Sec. 7) The new law increases penalties for witness amphetamine will be a first-degree controlled The new law also raises the maximum tampering and adds witness tampering to the substance offense. (Art. 4, Secs. 1-3) penalty from a five-year prison term to a list of crimes that can receive enhanced pen- Effective Aug. 1, 1998, the new law makes 10-year term for firing into an occupied ve- alties if committed for the benefit of a gang. the drug ephedrine available by prescription hicle or building. This drive-by shooting pro- (Art. 2, Sec. 5) in most instances. The targeted over-the- vision is effective Jan. 1, 1999. (Art. 2, Sec. 22) The measure also seeks to get people to counter products containing ephedrine are The measure also increases penalties for show up for court, both offenders and wit- reportedly taken by teen-agers and others felons convicted of violent offenses who are nesses. One provision increases the penalty looking to achieve a legal high. (Art. 4, found illegally in possession of a firearm. for alleged or convicted felony offenders who Secs. 5, 6) Currently, the mandatory minimum prison fail to appear in court. (Art. 2, Sec. 16) sentence is 18 months. Effective Jan. 1, 1999, Another provision increases penalties for Protecting police officers the mandatory minimum will be increased to individuals who knowingly and willingly defy Several provisions in the new law seek to five years. (Art. 2, Sec. 4) a court subpoena to appear in relation to a make it easier and safer for police officers to Another provision in the law increases violent crime. (Art. 2, Sec. 3) do their jobs. penalties generally for soliciting a prostitute These provisions are effective Aug. 1, 1998. One such provision comes as a result of an or receiving profit from prostitution. This incident where two Richfield police officers provision, effective Aug. 1, 1998, also in- Charging burglars were accused of sexual assault. Although the creases the penalties for engaging in prostitu- A provision of the new law makes it easier allegations were proven false, the incident tion in a school zone. (Art. 2, Secs. 1, 12) to prosecute people who illegally enter a prop- greatly disrupted the criminal justice pro- Rep. Mary Murphy (DFL-Hermantown) erty by expanding the definition of burglary cess, not to mention the lives of the two and Sen. Randy Kelly (DFL-St. Paul) spon- to include accomplices. The new definition officers. sored the legislation. becomes effective Aug. 1, 1998. (Art. 2, The provision expands the state’s stalking Other highlights of the new law appear Sec. 21) law by making it a criminal violation to ha- below. Prosecutors said the new language would rass police officers because of the perfor- HFnone/SF3345*/CH367 make the law more explicit and allow them to mance of official duties. (Art. 2, Sec. 23) bring charges against anyone who illegally In addition, the new law makes it easier to Prosecuting gangs enters a dwelling, even if they don’t person- prosecute people who interfere with officers Prosecutors told legislators this year that ally break in or steal something. making an arrest by expanding the legal defi- they are having difficulties bringing gang nition of obstruction of justice. (Art. 2, members to trial and making the penalties Fighting drugs Sec. 17) stick. Several provisions in the new law seek The new law increases the penalties for The two provisions are effective to address such concerns. manufacturing, possessing, or selling meth- Aug. 1, 1998. One provision expands a current law that amphetamine. Law enforcement officials said

17 Highlights

Another provision, effective April 7, 1998, Reporting crime state public defender receives $1 million for authorizes officers to conduct protective pat- Several provisions within the new law au- defense attorney salaries. Another $375,000 down searches on juveniles taken into cus- thorize reports to the Legislature regarding will be given to Legal Aid to provide legal tody. (Art. 10, Sec. 10) crime in Minnesota. service to low-income individuals. (Art. 1) One provision requests that the legislative Judicial districts in Hennepin and Ramsey Conditional release auditor study the cost of crime in the state, counties each receive $200,000 to establish Effective Aug. 1, 1998, the new law makes including direct costs to state and local gov- community courts, under the measure. several changes to the state’s probation and ernments for criminal justice and indirect Borrowing from an idea initiated in New conditional release law. costs placed on individuals, businesses, and York City, these courts are advised by citizen The measure also allows peace officers to neighborhoods. (Art. 1, Sec. 14) groups, and are often located in the neigh- detain for eight hours a person on condi- Another measure authorizes the city of borhoods they serve. The community courts tional release if the officer has reasonable Minneapolis, Hennepin County, and the hear livability, misdemeanor-level crime cause to believe that the individual has vio- Hennepin County District Court to provide cases, such as minor drug offenses, and can lated the terms of his or her release. (Art. 7, data on criminal justice in the city of Minne- sentence those who plead guilty to commu- Sec. 12) apolis. This provision is effective only if ap- nity service or treatment and counseling. The law also allows probation officers to proved by both the Minneapolis City Coun- impose community service on people who cil and the Hennepin County Board. (Art. 2, violate the conditions of their release. (Art. 7, Sec. 29) Sex offender release process Secs. 1, 2) Another provision seeks more accurate The new law also authorizes the use of information on prostitution in Minneapolis A new law attempts to refine Minnesota’s remote electric alcohol monitoring for DWI and St. Paul. The new law mandates that city sex offender registration and community offenders who are ordered to abstain from attorneys in the two cities and county attor- notification laws. alcohol as a condition for pretrial release or neys in Hennepin and Ramsey counties re- The measure builds on the legislation probation. Offenders who can afford the pro- port on investigation and prosecution of pros- passed in 1996, which authorizes local law gram are required to pay the costs. (Art. 11, titution within the jurisdictions. (Art. 2, enforcement agencies to notify communities Sec. 6) Secs. 30-31) where sex offenders are to be released or are to relocate. Juvenile offenders Financing justice The level of notification depends on a risk Certain juvenile court proceedings and The measure contains $7.9 million in assessment of the offender. Offenders are documents will be open to the victim of the supplemental appropriations, a majority of classified as either low-, intermediate-, or crime, under the new law. (Art. 10, Secs. 7, 8) which goes to the Department of Correc- high-risk to the community. The measure also increases penalties for tions, the Department of Public Safety, and If the offender is considered low-risk, po- contributing to the delinquency of a juvenile. the state courts. lice may notify other law enforcement agen- Another provision creates a civil penalty for Of the total amount, $3 million will be cies and any victims of, or witnesses to, the this crime, requiring a person found liable recouped in revenue from increased criminal offender’s crime. For intermediate-risk of- for the delinquency of a juvenile to provide justice fees and criminal fines. fenders, schools, day care centers, and other restitution to victims. (Art. 10, Secs. 11, 12) The Department of Corrections receives groups that serve individuals likely to be The new law also makes it easier to get $2.1 million, much of which goes to reducing victimized by the offender can be notified. juveniles who are participating in prostitu- the caseload for probation officers. Grant Anyone a high-risk offender is “likely to en- tion into the state’s child protection system. programs that fund community corrections counter” can be notified. (Art. 10, Secs. 4-6) also are funded through these dollars. The Minnesota Board of Peace Officer Stan- These provisions are effective Aug. 1, 1998. The Department of Public Safety is appro- dards and Training established uniform no- priated $1.6 million. Of these funds, the tification guidelines for local law enforce- Right to ride Office of the Crime Victim Ombudsman re- ment prior to the original law’s January 1997 A provision of the new law prohibits own- ceives $300,000 to fund its services; the Bu- effective date. ers of public accommodations, such as res- reau of Criminal Apprehension receives For the high-risk offenders, law enforce- taurants and hotels, from discriminating $133,000 to add forensic scientists to its crime ment agencies conduct a public meeting to against motorcyclists. lab; and the department gets $750,000 for law provide the community with information on Effective Aug. 1, 1998, the new law pro- enforcement and community crime preven- the offender, including the offender’s name vides exceptions if the owner feels that the tion grants. and crimes committed. Officials do not give person’s conduct poses a risk to property or The state fire marshal receives $170,000 of out the offender’s address but do provide the the safety of other patrons, or if the clothing public safety money for the creation of an street name and block number. Police offic- worn by the motorcyclist is obscene or in- arson data system. The database will contain ers also offer crime prevention and safety cludes the symbol of a criminal gang. only basic information at the state level but information, such as ways to keep children (Art. 11, Sec. 18) will provide links to local criminal justice from becoming victims. agencies for more detailed information on The Department of Corrections says that specific cases of arson. they have had approximately 700 notifica- The measure appropriates $1.1 million to tions due to sex-offender releases and reloca- the state courts for law clerk salaries. The tions since the original law took effect. Of

18 Highlights

these, approximately 100 have been high- The new law applies this limit to nonprofit risk offenders. treatment facilities that accept individuals The new measure includes the following under court order or Department of Correc- changes, which are effective April 21, 1998, tions order. The limits do not apply if the unless otherwise specified. conduct was intentional or grossly negligent. • The new law expands the definition of sex The new law applies to claims made on offender to provide more accurate treat- incidents occurring on or after Aug. 1, 1998. ment information on annual reports for- Rep. Michael Paymar (DFL-St. Paul) and mulated by the corrections department. The Sen. Allan Spear (DFL-Mpls) sponsored the new law also requires treatment facilities to new measure. provide all treatment information to the HF1207/SF330*/CH336 department for purposes of this evaluation. • The measure makes adjustments to the end- Reporting fraudulent checks of-confinement review process, including (See Banking, page 10) outlining a separate risk assessment pro- Claims against the state cess for sex offenders leaving federal facili- ties and offenders who are accepted for (See Government, page 35) parole supervision from another state. The Transportation funding: new law also requires the risk assessment State troopers A new law aims to reduce the recidivism rate committee to notify the original law en- (See Transportation, page 54) among repeat DWI offenders by authorizing forcement agency of the hearings and al- intensive probation programs in place of mandatory jail sentences. low the agency to submit material. The Transportation funding: measure also outlines a process for assign- Registration task force Corrections officials said that they received ing risk levels for offenders who are con- (See Transportation, page 55) requests from 13 counties this year. fined less than 90 days. No more fingerprint checks Officials from Dakota County said that an • The new law makes several changes to en- (See Transportation, page 57) evaluation of their intensive probation pro- sure that the community notification pro- gram showed a recidivism rate of 11 percent. cess works more efficiently. Among other No industrial hemp study They said the rate for those incarcerated with- things, the law seeks to move the release (See Vetoed Bills, page 61) out the program was 43 percent. information from the corrections depart- Family, early childhood bill The officials said it is difficult to get a ment and the Department of Human Ser- repeat offender into the program voluntarily (See Vetoed Bills, page 63) vices to the local law enforcement agencies after he or she has already done jail time. more quickly. The law also requires the Curbing repeated violence Rep. Thomas Pugh (DFL-South St. Paul) local law enforcement agency to make a (See Dead Bills, page 69) and Sen. Deanna Wiener (DFL-Eagan) spon- good faith effort to conduct the notifica- sored the legislation. tion within 14 days of receiving the HF2615/SF2252*/CH332 offender’s confirmed address, including DWI offenders who are simply changing their License provisions clarified place of residence. (See Transportation, page 55) • Effective July 1, 1998, the corrections de- Repeat DWI offenders Legal blood-alcohol limit partment and the human services depart- Effective March 26, 1998, a new law autho- (See Dead Bills, page 70) ment are required to study the extent to rizes state courts to sentence repeat DWI which statements made during sex offender offenders to an intensive probation program treatment should be kept confidential. in place of mandatory jail sentences. Rep. Dave Bishop (R-Rochester) and Intensive probation programs seek to pro- SCHOOL EDUCATION Sen. Randy Kelly (DFL-St. Paul) sponsored vide alternative sentencing for those DWI the new measure. offenders considered to be of high risk to the K-12 education finance HF2734/SF2498*/CH396 community. These programs require a period of incar- The state’s Profile of Learning is here to stay, but districts will have the option of Liability limits for nonprofits ceration in a treatment facility followed by supervised home detention. Offenders are phasing in the new requirements over a three- Nonprofit corporations that provide cor- prohibited from using alcohol or drugs and year period, under a $124 million K-12 edu- rectional treatment services to the state have are frequently tested for use throughout the cation finance measure signed into law. the same liability limits as state agencies, probation. Offenders are also required to pay Also, the State Board of Education will go, under a new law. a substantial portion of program costs. superintendents’ paychecks can grow, and Existing law limits liability on state agencies The Department of Corrections has a grant Minnesota’s special-education system will and state employees acting within the scope of program in place to assist counties interested see a major overhaul, under the new law. their employment to $200,000 per individual in establishing intensive probation programs. Rep. Becky Kelso (DFL-Shakopee) and claim or $600,000 total per incident.

19 Highlights

and policies for K-12 and community educa- tion. Under the law, most of the board’s authority will be transferred to the state’s education commissioner, but a new board will be created to take over regulating the state academies for the deaf and blind in Faribault. (Art. 5, Sec. 14)

Special education The state’s special education system will also see several changes under the new law. A 1997 report of the legislative auditor showed that special education costs in Min- nesota were spiraling, and Kelso has said that getting those costs under control was a high priority for her in the 1998 session. Effective July 1, 1998, a provision of the new law requires the state to reimburse dis- tricts for certain administrative and legal costs incurred when schools attempt to deny par- More Minnesota 5-year-olds will be spending full days at school, under a new law that provides an ents’ requests for what the schools perceive as additional $1.5 million for certain schools to begin or continue all-day kindergarten programs. unnecessary special education services. The theory is that districts often provide unnec- Sen. Lawrence Pogemiller (DFL-Mpls) spon- be used for technology development or class- essary, costly services because they are afraid sored the legislation. size reduction. (Art. 1, Sec. 31) of the potential cost of lawsuits by parents HF2874*/SF3378/CH398 “Our goal was to make sure the Gradua- asking for services. tion Standards are able to work, and to move But to be eligible for reimbursement of Graduation Standards down a path that will result in kids being attorney fees incurred as part of a due process The bulk of the new law’s spending — $70 better prepared for the world,” Kelso said. hearing, districts will first have to make a million of the total $124 million — will go to “good faith effort” to resolve the dispute State Board of Education help districts implement the Profile of Learn- through mediation. (Art. 2, Sec. 26) ing, a portion of the state’s Graduation Stan- The new law also contains a major policy Also, as of July 1, 1999, state special educa- dards initiative that will measure student reform, calling for the 79-year-old State Board tion requirements may not exceed federal achievement on a broad range of skills. of Education to be abolished by Dec. 31, requirements. (Art. 2, Sec. 8) The Profile of Learning, which stresses 1999. (Art. 5, Sec. 56) And the new law also contains provisions more workaday skills and hands-on projects, The nine-member board helps set rules to maximize Medical Assistance reimburse- had been set to kick in with the 1998-1999 school year. But under the new law, districts will be able to choose to begin the new state-mandated curriculum then or to introduce it in phases over the following two years. By the 2001- 2002 school year, all districts must have fully implemented the standards. (Art. 5, Sec.9) The law also provides graduated funding according to when districts begin teaching under the new system. All districts will re- ceive $52 per student in new Graduation Standards implementation funding for the fiscal year beginning July 1, 1998, and those that fully implement the Profile of Learning that year will receive an additional $14 per student. A portion of that money must go directly to schools for staff development, another part must be reserved for developing gifted and talented programs under the new gradu- ation requirements, and the remainder must A new law provides $124 million for K-12 education programs, including money to help school districts implement the state’s new Graduation Standards and increased funding for school lunch aid.

20 Highlights

ments for special education purposes, effec- Earlier start dates tive April 22, 1998. (Art. 2, Sec. 2) Under the new law, districts also will be The bulk of the new special education allowed to begin the school year as early as measures were the result of a year-long joint September 1, beginning in the school year House and Senate subcommittee, headed by 2000-2001. Rep. Mindy Greiling (DFL-Roseville) and Current law prohibits schools from start- Sen. Martha Robertson (R-Minnetonka). ing before Labor Day, and an earlier proposal to repeal the mandated start-date altogether Superintendents’ salaries was heavily opposed by members of the tour- Effective Aug. 1, 1998, the new law also ism industry, who were concerned about removes the current cap — at 95 percent of potential lost revenue in a shortened sum- the governor’s annual paycheck — on Min- mer season. (Art. 6, Sec. 29) nesota school superintendents’ salaries. A separate 1997 measure allows schools to Several metropolitan-area districts have begin school a few days before the Labor Day said they’ve had trouble recruiting and re- weekend in 1998 and 1999, when the holiday taining top-notch superintendents because falls relatively late in September. of the salary cap. “It simply makes no sense for the state of American Indian Scholarships Minnesota to be involved in something of Three programs — American Indian Schol- that local nature,” Kelso said. (Art. 5, Sec. 1) arships, American Indian Postsecondary Preparation Grants, and American Indian Boarding schools Language and Culture Programs — receive A project that Carlson has called one of his $525,000 in combined new funding for the top priorities this year — establishing resi- fiscal year beginning July 1, 1998. dential boarding academies for at-risk youth All three programs are aimed at increasing — also receives funding under the omnibus high school graduation rates and college at- education measure. tendance rates for members of Minnesota’s The law provides $12 million for the fiscal A new law prohibits school districts from charging 11 federally recognized tribes. year beginning July 1, 1998, to help build three home-schooled students higher fees to None of the three programs has seen a participate in extracurricular activities than year-round schools. (Art. 5, Sec. 54) public school students are charged. funding increase in 10 years, which Kelso The academies will be geared for students said is out of sync with increases to scholar- in grades four through 12 who are unsuccess- Loophole closed ship funds for other minorities. (Art. 2, fully bounced between foster families or those A murky area of state statute under which Secs. 48-51). whose parents feel a residential environment some districts may have been able to substi- would help get their child on the right track. tute their own achievement tests for state- Extracurricular activities Enrollment will be conditional upon the stu- mandated tests is clarified under new law. Effective for the 1998-1999 school year dents’ voluntary desire to attend. (Art. 5, Effective July 1, 1998, all districts are re- and thereafter, school districts must charge Sec. 46) quired to use the same tests to assess stu- home-schooled students the same fee for dents’ basic skills in reading, writing, and extracurricular activities as they charge pub- All-day kindergarten math. Diagnostic tests will be administered lic school students. More Minnesota five-year-olds soon will to all students in grades three, five, and eight The provision was spearheaded by parents be increasing the amount of time they spend as part of the new Graduation Standards of home-schooled children and backed by at school. initiative. (Art. 5, Sec. 8) House Speaker (DFL-Brook- The new law provides an additional $1.5 lyn Center), who said some districts set pro- million for the year beginning July 1, 1998, Summer school hibitive fees for home-schooled participants for certain schools to begin or continue all- Also beginning in the 1998-1999 school in public school activities. day kindergarten programs. year, students will have another incentive to “But these parents pay property taxes like The new funds bring next year’s allowance perform well academically, as districts will be everyone else,” Carruthers said. (Art. 5, Sec. 5) for the first-grade preparedness program, able to require certain students to attend initiated in 1996, up to $6.5 million. Kinder- summer school. Teacher licensing data garten is still optional in Minnesota, but sev- Effective July 1, 1998, districts have the au- The new law outlines the first steps for eral recent reports have shown that attending thority to set their own criteria for deter- setting up a central depository of licensing all-day programs dramatically increases mining who will be required to attend summer and employment information about Minne- children’s academic and social skills. (Art. 2, programs. The measure is intended to help sota educators. Sec. 52) districts improve performances on the state- A high-profile case in early 1998 involving mandated basic skills tests. (Art. 5, Sec. 4) a teacher indicted for sexual misconduct with a student pointed out the need for such a data depository, when it was revealed that the

21 Highlights

teacher had lied about his credentials to get a Students riding public buses Absentee ballot pilot project Minnesota teaching license. (See Dead Bills, page 71) (See Vetoed Bills, page 63) Under the new law, a working group will Elected Metropolitan Council convene by June 15, 1998, to study how such (See Dead Bills, page 71) a central database of employment informa- ELECTIONS tion would operate and what types of records it would contain. Elections provisions modified By Dec. 1, 1998, the group will present EMPLOYMENT findings to the education committees of the A new law changes the standard for con- Legislature. (Art. 5, Sec. 52) victing people who distribute false material Higher unemployment benefits? during an election campaign. A new law may provide increased unem- Under previous law, people who distrib- ployment benefits for certain temporarily uted material or made a statement about a Per pupil funding out-of-work Minnesotans. candidate or a ballot question could have Effective Aug. 1, 1998, the law offers a A new law delays for one year an impend- been convicted of a gross misdemeanor if second option for calculating the amount of ing change to the way school districts receive they merely “had reason to believe the mate- state unemployment benefits workers are money from the state. rial or statement was false.” entitled to, and the law allows claimants to Currently, districts receive $67 per pupil Now, to be convicted, the person making use whichever option would provide higher under what is called cooperation revenue, the statement must know the material is false benefits. which is distinct from basic revenue. Basic or must communicate it with “reckless disre- Under existing law, a claimant’s weekly revenue, set for $3,530 per pupil for the fiscal gard” for whether it is false. The law was benefit amount is set at one twenty-sixth of year starting July 1, 1998, is where districts drafted to conform with a U.S. Supreme his or her high quarter wage and is subject to receive the bulk of their funding from the Court decision. a cap based on the state’s average weekly wage state. The new law also takes away the voting and the amount in the state’s re-employment Beginning July 1, 1999, the $67 in coopera- rights of a person who is civilly committed insurance fund. With the fund’s current level, tion revenue was going to be added to the because of conduct that caused the person to weekly benefits cannot exceed 60 percent of general formula for basic revenue, but the be convicted of a crime. Prior law took away the state’s average weekly wage. new law pushes back that roll-in date until the right to vote from just part of this group Under the new law, workers who received July 1, 2000. — only those found to be “sexually danger- higher paychecks during certain parts of the The change is significant mostly because it ous persons” or “persons with a sexual psy- preceding year can base their benefits on will change some tax amounts, because the chopathic personality.” those higher wages, but if they do so, their two revenues have different tax rates. The new law also lets any individual acting weekly benefit amount will be subject to a The change, which was recommended by alone, spending only his or her own resources lower cap. Gov. Arne Carlson and proposed by the Sen- in an amount less than $300, and acting at Under the new option, weekly benefits will ate Education Committee, was added to an least 14 days before an election to distribute be equal to half the claimant’s weekly wage education recodification bill during the last anonymous campaign material. Other dis- during the high quarter, capped at 50 percent day of session on the House floor because tributors of campaign material must identify of the state’s average weekly wage. amending the omnibus education bill would themselves on the material. The other new option is to have benefits have held up action on the bill. The new law, effective April 10, 1998, was based on an entire base period, which is Rep. Becky Kelso (DFL-Shakopee) and sponsored by Rep. Mindy Greiling usually a calendar year. Under that option, Sen. Lawrence Pogemiller (DFL-Mpls) spon- (DFL-Roseville) and Sen. John Marty benefits will be equal to one-half of the sored the legislation. (DFL-Roseville). person’s average weekly wage during the base HF2174/SF2082*/CH397 HF2486/SF2256*/CH376 period, and capped at 66.66 percent of the state’s average weekly wage. Statewide capital improvements: Lottery revenue dedication The new law also changes certain eligibility K-12 education projects (See Environment, page 27) (See Bonding, page 12) requirements for receiving state re-employ- Hunting, fishing heritage ment insurance benefits. Omnibus pension law: (See Game & Fish, page 29) It removes a provision making full-time Part-time teachers’ pensions students ineligible to receive benefits unless (See Government, page 32) Abolish treasurer’s office? the majority of the wages they earned in the (See Government, page 31) preceding year were earned while attending Higher education funding cut school full time. (See Vetoed Bills, page 65) Open absentee ballot program (See Vetoed Bills, page 62) Also beginning Aug. 1, 1998, anyone work- Claiming education tax credits ing more than 32 hours in a week is ineligible (See Dead Bills, page 70) Updating voter addresses for benefits during that week. This replaces (See Vetoed Bills, page 63) language stating that anyone employed “full- The state and failing schools time” is ineligible. (See Dead Bills, page 70) Absentee ballots with ‘reason’ (See Vetoed Bills, page 63) Rep. Richard Jefferson (DFL-Mpls) and

22 Highlights

Sen. Kenric Scheevel (R-Preston) sponsored a certain size, that it be permanent, and that to also provide training. Previous law places the legislation. it occur in a county where the unemploy- certain restrictions on these arrangements. HF2646/SF2621*/CH265 ment rate is more than 10 percent. The work- The new law, effective Aug. 1, 1998, lifts ers still need to meet requirements specifying some of the restrictions, including a provi- that they be otherwise eligible for unemploy- sion requiring that outside businesses, if used, Unemployment benefits, errors ment and that they have exhausted all other provide all the services to the individual. A new law concerning overpaid unem- rights to benefits. Under the new law, the training vendor and ployment benefits seeks to resolve a tough Rep. (DFL-Chisholm) the outside business can offer a mix of train- situation some claimants have found them- said the average benefit of the affected work- ing services to the individual. selves in after the state inadvertently sent a ers is $331 per month and the total extra The measure also removes a provision from bigger benefit check than the out-of-work benefits will be about $128,000. He also said the law which required that the individual person was entitled to. that the company, since it is still in business, had to be receiving services from the vendor Under previous law, people had to repay will end up paying for most of that amount in on or before July 1, 1993, to participate in day the state within 120 days of receiving an taxes. training with an outside business. This change overpayment from the state’s re-employment Tomassoni and Sen. Jerry Janezich makes training opportunities available for a insurance fund due to a government or em- (DFL-Chisholm) sponsored the legislation. greater number of clients. ployer error. If the debt was not repaid on HF3465/SF3084*/CH358 The bill was sponsored by Rep. time, the account was forwarded to the state’s Lee Greenfield (DFL-Mpls) and Sen. collection agency. Nursing mothers John Hottinger (DFL-Mankato). But effective March 17, 1998, certain situ- HF2992/SF2669*/CH284 ations are exempted from the 120-day dead- Employers are required to make a “reason- line after which most state debts are, by law, able effort” to provide adequate private space turned over for collection. and unpaid breaks for new mothers to pump Emergency dispatcher status The new law applies only to overpayments breast milk, under a new law. Emergency dispatchers are classified as that result from an employer’s error, a Min- Effective Aug. 1, 1998, employers must essential employees, under a new law. nesota Department of Economic Security provide “a room or other location, in close Effective Aug. 1, 1998, police, fire, and 911 error, or a reversed appeal of benefits. proximity to the work area, other than a toilet dispatchers join law enforcement personnel, The law also exempts these overpayment stall,” where a woman can privately pump health care workers, prison guards, and oth- debts from state reporting requirements. breast milk. ers as essential employees. Rep. Richard Jefferson (DFL-Mpls) and But employers will not be held liable if they Under that status, workers give up the Sen. Linda Higgins (DFL-Mpls) sponsored have made a “reasonable effort” to comply, right to strike, but they are still entitled to the legislation. and the law does not contain penalties. binding arbitration in a labor dispute. HF2642*/SF2280/CH275 The law stipulates that break times can run concurrently with any other provided breaks. Supporters of the new measure said it was Employers will not have to provide the breaks needed because a dispatchers’ strike would Hibbing workers’ benefits if doing so would “unduly disrupt the opera- threaten public safety. tions of the employer.” Rep. Thomas Pugh (DFL-South St. Paul) About 125 workers, temporarily laid off The law also exempts breast-feeding from and Sen. Randy Kelly (DFL-St. Paul) spon- from the Hibbing Taconite Co. in St. Louis indecent exposure laws. sored the legislation. County, may receive extended re-employ- Rep. Mindy Greiling (DFL-Roseville) and HF1693/SF1074*/CH355 ment benefits, under a new measure. Sen. (DFL-St. Paul) spon- Gov. Arne Carlson allowed the bill to be- sored the legislation. K-12 education finance: come law without his signature. HF3459/SF2751*/CH369 Teacher licensing data Effective April 7, 1998, the workers be- (See Education, page 21) came eligible for up to an additional 13 weeks of benefits. Day training services Applying for workers’ comp (See Government, page 32) They were laid off between July and Sep- A new law allows for greater use of busi- tember 1997 because of lack of work. The nesses providing day training for people with New recruitment methods company said it expected to have them back developmental disabilities. (See Government, page 32) to work by the end of May 1998, but the Prior law authorized counties to contract Health, human services finance: workers’ regular unemployment benefits ran with nonprofit vendors who provide day out over the winter. Care provider pay hikes training services to developmentally disabled (See Human Services, page 41) Under previous law, extended benefits were clients. These vendors work with the indi- granted only to workers affected by large, viduals to give them the tools to participate as Government data practices permanent layoffs in counties with high un- employed and active members of the (See Law, page 46) employment. community. Child care, jobs, housing The new law exempts the Hibbing workers The vendors can use qualified businesses (See Special Session, page 59) from three requirements: that the layoff be of that primarily employ non-disabled people

23 Highlights

Jobs, housing, development Rep. Ken Wolf (R-Burnsville) and Sen. a House-Senate conference committee and (See Vetoed Bills, page 62) Mark Ourada (R-Buffalo) sponsored the did not make it into the new law. legislation. The new law does, however, prohibit the Unpaid parental leave HF3071*/SF2849/CH278 issuance of permits to construct or expand (See Dead Bills, page 71) clay, earthen, or flexible membrane (plastic- Raising the minimum wage Red tags on petroleum tanks lined) swine waste lagoons until (See Dead Bills, page 72) (See Environment, page 27) June 30, 2000. After March 1, 2000, those who commer- Decorative gas lamps Residency requirements cially manage and apply animal wastes will be (See Dead Bills, page 75) (See Housing, page 40) required to hold valid animal waste techni- Electric industry study cian licenses issued by the Department of (See Industry, page 43) Agriculture. Most family farmers will be ex- ENERGY empt from this provision. Protecting telephone customers: The new law also clarifies the power of Biomass fuels Alternative fuels: E85, M85 counties to adopt feedlot ordinances that are (See Industry, page 44) more stringent than those of the MPCA. As further evidence that alcohol-based fu- Pipeline excavation notices The agency is authorized to deny permits els and clean-air cars are the wave of the (See Industry, page 44) to feedlot operators who are lacking adequate future, two more special fuels now have legal experience or who have poor environmental names in Minnesota. records in other states. (Secs. 17, 39, 41, 52) Effective Aug. 1, 1998, a new law legally ENVIRONMENT defines the alternative fuels E85 and M85. Personal watercraft The names are in use throughout the Environmental spending Effective Jan. 1, 1999, personal watercraft country. owners must pay a $50 surcharge every three E85 is defined as a mix of gasoline and A new $18 million environment, natural years for a watercraft license. The proceeds between 60 percent and 85 percent ethanol. resources, and agriculture finance law regu- are to be divided between the state and coun- M85 is gasoline mixed with not less than 85 lates animal feedlot operation, increases the ties for law enforcement and education ef- percent methanol. fees for personal watercraft licenses, and bans forts. (Sec. 29) Currently, E85 and M85 can be used only snowmobile studs. House-approved language that would have in specially designed alternative fuel vehicles, Included in the new law are funds for the prohibited the operation of personal water- some of which are owned and operated by Department of Natural Resources (DNR), craft in one place for more than 30 minutes the state and serve in the motor pool fleet as the Minnesota Pollution Control Agency and instructed the DNR to conduct a study experimental projects. (MPCA), the Minnesota Zoo, the Depart- on the impact of personal watercraft on loons But fuel mixtures with lower percentages ment of Agriculture, the Board of Water and was removed by a House-Senate conference of ethanol are sold throughout the state. Since Soil Resources, and several other state committee and did not make it into law. Oct. 1, 1997, all gasoline sold in Minnesota agencies. must be oxygenated, and adding ethanol to The DNR receives the largest percentage of Snowmobile studs gas is one way of achieving the increased the law’s funding — some $10.6 million — Under another provision of the new law, oxygen content. for flood control measures, wildlife manage- no snowmobile with a track equipped with Ethanol is a corn-based gasoline additive ment, state forest campground repairs, and metal studs may be operated on any public hailed by some for environmental benefits other environmental programs. lands, roads, or trails after July 1, 1999. Pre- and for helping to reduce U.S. dependency Gone from the measure are three projects viously, stud use was banned only on paved on foreign oil. Illinois, Iowa, Minnesota, and totaling $285,000 that were line-item vetoed public trails. Nebraska produce about half of the country’s by Gov. Arne Carlson. (See related story, Until the total stud ban takes effect, the law annual corn harvest and about 95 percent of page 65.) places a $50 annual surcharge on snowmo- its total ethanol. Rep. Tom Osthoff (DFL-St. Paul) and biles with studs. Fees from the surcharge are Studies have shown ethanol use to reduce Sen. Steven Morse (DFL-Dakota) sponsored earmarked for the repair of paved state trails. exhaust emission of carbon monoxide and the new environmental funding measure. Under the new law, any individual who other pollutants and — because it’s domesti- Most provisions of the new law are effec- violates the stud ban on paved public trails cally made with agricultural products — to tive April 22, 1998. The exceptions, a per- will have his or her snowmobile confiscated reduce fossil energy use and foreign oil sonal watercraft surcharge and a snowmo- after the second or subsequent violation. consumption. bile stud ban, are noted below. (Secs. 23, 24) Methanol is a liquid alcohol fuel made HF3799/SF3353*/CH401 from domestic natural gas. Although it’s not Minnesota Zoo shortfall used as frequently as ethanol for vehicle fuel, Living with livestock The Minnesota Zoological Gardens re- some car makers sell alternative fuel vehicles A House-approved moratorium on new ceives $1.5 million for operating costs to that can run on M85, and it has been shown construction or expansion of feedlots at the make up for a serious shortfall in gate receipts to have similar benefits to ethanol. level of 750 animal units was not adopted by during the summer of 1997.

24 Highlights

The Apple Valley zoo was forced to ask the trees, shrubs, and grass strips alongside roads A provision that would have banned the Legislature for help after a string of bad luck, in an effort to control drifting and blowing operation of personal watercraft on lakes of bad weather, and bad press, Kathryn snow. (Sec. 5) 100 acres or less and a highly criticized citizen Roberts, the zoo’s director, told lawmakers. reporting measure that would have allowed The new law requires the zoo to address its Mississippi whitewater rafting individuals to lodge formal complaints against attendance forecasting methods to avoid a One provision included in the new law operators who violate personal watercraft similar problem in the future. (Sec. 3) allows consideration of the possibility of har- laws fell by the wayside before the legislation nessing the water power of St. Anthony Falls reached the governor’s desk. Deformed frogs in Minneapolis for recreational pursuits. Effective June 1, 1998, personal watercraft The MPCA receives $375,000 for research The DNR receives $100,000 to conduct operation is permitted only between into the cause of deformities found in frogs engineering and hydraulic research into the 9:30 a.m. and one hour before sunset. Previ- across the state. The money must be shared possible development of a whitewater park ously, the acceptable hours for personal wa- with the University of Minnesota, Hamline for kayaking, rafting, and canoeing at the tercraft use were between 8 a.m. and sunset. University, and the state departments of falls. (Sec. 26) State-issued decals listing the state laws health, agriculture, and natural resources. and “rules of the road” for personal water- Researchers have speculated that ground- Tornado damage craft operation must be prominently dis- water contamination or possible ultraviolet Five funnel clouds tore through 5,300 acres played on all machines. radiation may be the cause of the deformities. of sparsely populated forests in Crow Wing, The new law adds another 50 feet to the The U.S. Environmental Protection Agency Kanabec, Mille Lacs, and Morrison counties no-wake zone, making it illegal to operate also is looking into the issue. (Sec. 2) on Sept. 18, 1997, leaving a path of destruc- personal watercraft at full speed within 150 tion 25 miles long and three-quarters of a feet of shoreline, docks, swimmers, or other Gypsy moths mile wide. boats. However, it still is permissible to pull Under the new law, the Department of Under the new law, the DNR receives water-skiers behind personal watercraft. Agriculture’s gypsy moth trapping and eradi- $75,000 for grants to assist landowners with Another provision prohibits the operation cation program receives $360,000. reforestation efforts (Sec. 4). of personal watercraft while facing backwards. The money supplements the biological The new law also requires that personal control program and allows for more field watercraft purchasers and renters sign state- personnel to trap the leaf-eating insects. Personal watercraft regulation issued forms indicating they have read the (Sec. 6) After a bumpy ride through the Legisla- laws governing personal watercraft opera- ture, a new state law aims to reduce the level tion. Renters who are under the age of 18 Minnesota grown of irritation between lakeshore property own- must show their operating permits at this The new law appropriates $267,000 for a ers and personal watercraft enthusiasts. time. Dealers and rental agents will have to pilot project to expand Minnesota Grown, a Easily one of the most hotly contested keep the forms on file for six months and coupon program designed to provide nutri- issues during the 1998 Legislative Session, allow for easy access by law enforcement tious food to low-income families and pro- the new law reduces the hours of personal officers. mote locally grown products. (Sec. 6) watercraft operation, expands the no-wake Several provisions in the new law seek to zone on all lakes, and upgrades operator make personal watercraft operation safer for Helping dairy farmers licensing and regulation. teen-agers. Minnesota dairy farmers are currently en- gaged in a lawsuit against the federal govern- ment (Minnesota Milk Producers Association v. Glickman) to bring about reform of the federal milk market pricing system. The new law gives the farmers another $100,000 in state money for the legal battle. (Sec. 6)

Timber wolf depredation The new law increases from $400 to $750 per animal the amount of compensation avail- able to farmers whose livestock are killed by wolves. Farmers must establish timber wolf best management systems to qualify for com- pensation. (Sec. 11)

Living snow fences The Board of Water and Soil Resources A new personal watercraft law reduces the hours of acceptable operation and upgrades the youth receives $100,000 to fund a voluntary pro- operator guidelines. The new law also aims to keep personal watercraft at a safer distance from gram for landowners to plant and maintain shoreline, docks, and other water-sport enthusiasts by expanding the no-wake zone to 150 feet.

25 Highlights

One such provision expands the state’s Extending the Gateway Trail areas, according to experts. Wetlands also youth watercraft safety course to include per- recharge underground aquifers and provide sonal watercraft. Effective April 21, 1998, Effective Aug. 1, 1998, a new law autho- wildlife and fish habitat. completion of a personal watercraft training rizes an extension of the Gateway Trail, which Any net loss of wetland area due to new program is mandatory before 13- to 17-year- is a portion of the Willard Munger State Trail construction of roads and housing is strictly olds may operate the machines solo. In addi- system, in two directions — to the state prohibited under the 1991 law. tion to the permit requirement, 13-year-old Capitol on one end and to Taylors Falls, For example, if a local government wanted operators must remain under direct visual Minn., on the other. to develop a new housing tract that required supervision of an adult 21 years of age or The new trail will afford hiking and bicy- filling a portion of wetland, an equal number older. cling enthusiasts a spectacular view of the St. of wetland acres would have to be created Under a separate new law (HF3799/ Croix River Valley and bring the grand vision elsewhere. SF3353*/CH401), personal watercraft opera- of the Duluth-to-St. Paul Munger Trail one Except for replacement activities impact- tors will pay a $50 surcharge every three years step closer to reality. ing less than 10,000 square feet of wetland, for a watercraft license. The proceeds will be The northern segment of the Munger Trail, the public is guaranteed a set number of days divided between the state and counties for from Duluth to Hinckley, is already in use, to dispute the local government’s decision. law enforcement and education efforts. (See offering 49 miles of paved bike trails, 97 miles Effective Aug. 1, 1998, the new law de- related story, page 24.) of hiking trails, and 58 miles for horseback creases the public comment period from 30 Rep. Kris Hasskamp (DFL-Crosby) and riding. to 15 days. Sen. LeRoy Stumpf (DFL-Thief River Falls) Under the new law, the Gateway Trail, The new law also adds the commissioner sponsored the new personal watercraft which now runs from a St. Paul neighbor- of agriculture to the statutory list of agencies measure. hood north of the Capitol to Stillwater, and citizens who must be notified when local HF1351/SF1169*/CH400 Minn., will eventually wind through Pine governments proceed with wetland protec- Point County Park in Stillwater; William tion and management plans. O’Brien State Park, north of Marine on Another provision of the new law requires State park expansion St. Croix, Minn.; Interstate State Park on the BOWSR, in conjunction with the Depart- St. Croix River; and on to Taylors Falls. ment of Natural Resources, to present the Seven Minnesota state parks could increase The money for the Munger Trail improve- Legislature with a report on the simplifica- in size and a new state recreation area may be ments is contained in the 1998 bonding law tion of wetland regulation in Minnesota. The established as a result of a new law. (HF3843*/SFnone/CH404), which provides report must address the pros and cons of Effective Aug. 1, 1998, the new law autho- the Department of Natural Resources with consolidating public waters wetlands laws rizes the Department of Natural Resources $10.3 million for the acquisition and devel- with the Wetlands Conservation Act. (DNR) to purchase several parcels of land opment of statewide trails. Rep. Willard Munger (DFL-Duluth) and bordering the seven state parks. Rep. Mark Holsten (R-Stillwater) and Sen. LeRoy Stumpf (DFL-Thief River Falls) The new law does not spend any money Sen. Jane Krentz (DFL-May Township) spon- sponsored the measure. now; it is simply a technical measure to ap- sored the measure to extend the trail. HF2686/SF2269*/CH312 prove the purchases should the land come up HF2489*/SF2381/CH318 for sale in the future. The parks that may eventually expand their boundaries are: • Crow Wing State Park in Crow Wing, Cass, BOWSR, wetland conservation Transport packaging waste and Morrison counties; A new law updates the statutes related to A new law aims to reduce the amount of • Glendalough State Park in Otter Tail County; the wetland conservation duties of the Board transport packaging waste that Minnesota’s • Kilen Woods State Park in Jackson County; of Water and Soil Resources (BOWSR). soft drink industry creates. • Lake Bemidji State Park in Beltrami County; BOWSR is charged with coordinating the In 1995, 22 percent of municipal solid • Minneopa State Park in Blue Earth County; water and soil resources planning activities waste consisted of transport packaging such • Savanna Portage State Park in Aitkin and St. of counties, soil and water conservation units, as wood pallets and corrugated cardboard, Louis counties; and watershed districts, and watershed manage- Rep. Willard Munger (DFL-Duluth), the • Tettegouche State Park in Lake County. ment organizations within Minnesota. House sponsor of the measure, said during The new law also authorizes the DNR to The board also has quasi-judicial power to floor debate. establish Garden Island State Recreation Area enforce the 1991 Wetland Conservation Act, The soft drink industry is considering a in Lake of the Woods County. which prohibits the drainage or filling in of $15 million investment in reusable, recy- Rep. Henry Kalis (DFL-Walters) and certain wetland areas unless an alternative clable plastic merchandise pallets to replace Sen. Jim Vickerman (DFL-Tracy) sponsored replacement plan has been established. the wood pallets they currently use to trans- the new measure. Wetlands serve as a natural biological fil- port their goods to retailers. HF3140/SF2351*/CH391 ter, preventing sediment from building up in The plastic pallets are expected to cost lakes and rivers. Uncontrolled draining of about $32 each, compared to $5 to $7 each for wetlands, usually to make room for new roads wood pallets. or housing and business developments, has There is now a system in place where third contributed to flooding problems in some parties collect used pallets from retail sites and then resell them to soft drink companies.

26 Highlights

Dave Locey, of the Minnesota Soft Drink MPCA and contaminated sites The MPCA is in the process of finalizing Association, told legislators the third party closure plans at the Northwoods Landfill. collection system stands in the way of the A new state law aims to help the Minnesota Construction of a cover and a passive gas transition from wood to plastic. Pollution Control Agency (MPCA) clean up venting and extraction system over the land- “We’re in the position of trying to make a contaminated sites first and worry about re- fill is expected to begin in 1998. pro-environmental system work,” Locey said. covering the costs later. Some Minnesota landfills, such as “What we want to do before we make this $15 The law clarifies language in the 1983 Min- Northwoods, are in need of additional cover million investment in plastic pallets is make nesota Environmental Response and Liabil- materials to be closed properly. Rather than sure we can control them.” ity Act (MERLA) surrounding the timeline buy the materials, they can accept free mate- Effective Aug. 1, 1998, third party collec- for the MPCA to begin cost-recovery rials, under the new law. tors are prohibited from taking plastic pallets lawsuits. Proponents of the measure told lawmak- that are labeled as private property. The MPCA interpreted the 1983 law to ers it’s a win-win situation for municipal The plastic pallets must clearly show the mean that the six-year statute of limitations dumps and landfills. owner’s name and address or telephone num- on litigation expired six years after any cleanup Under the new law, only nonhazardous ber, as well as a notice that the unauthorized costs have been incurred. mixed municipal solid wastes disposed of possession of the pallet is a violation of state But recently, a federal court ruled that the before 1973 can be accepted. The Tower site law. clock started ticking on the six-year statute of qualifies because it has not been used since The rightful owner of a stolen plastic pallet limitations upon discovery of a contami- the 1950s and a recent investigation deter- will be able to sue for damages equal to three nated site, regardless of the stage of cleanup. mined that the waste material primarily con- times the cost of the pallet, in addition to legal “Because the court’s ruling would signifi- sists of ash, glass, ceramics, and metals. expenses. cantly shorten the time for MPCA to bring its The new law states that transferred materi- Sen. Dan Stevens (R-Mora) sponsored the cost-recovery actions, it would force MPCA als must upgrade the closure activities at the measure in the Senate. to shift resources from investigation and landfill and may not significantly increase HF2696/SF2402*/CH282 cleanup to litigation,” a January 1998 release the potential environmental impact of the from the MPCA states. landfill. Effective April 1, 1998, the MPCA has six The owner of the dump site must pay for Red tags on petroleum tanks years after the on-site physical cleanup stage the investigation and testing to prove the begins (after an investigation and after the A new law aims to help the Minnesota materials are nonhazardous, the transporta- site is excavated or otherwise prepared for Pollution Control Agency (MPCA) bring all tion costs, and the cleanup activities at the cleanup) to start cost-recovery litigation. underground petroleum storage tanks into dump after the materials have been removed. The new law does not apply to any lawsuits compliance. Rep. Tom Bakk (DFL-Cook) and Sen. pending before it takes effect. Petroleum from leaking tanks can seep Douglas Johnson (DFL-Tower) sponsored “The proposed changes to the statute elimi- into the groundwater supply and, years later, the measure. nate uncertainty about the timing of a cost- cause extensive soil and groundwater cleanup HF3524/SF3016*/CH306 recovery lawsuit and preserve one of the fun- work and costly litigation. damental goals of MERLA: to clean up first The new law authorizes the MPCA to “red and litigate about cost-recovery responsibil- tag” underground petroleum tanks for fail- Lottery revenue dedication ity later,” says the MPCA release. ure to have the tank protected from corro- Rep. (DFL-Mpls) and Sen. A new law allows voters to extend the sion, failure to have spill or overfill protec- Steven Morse (DFL-Dakota) sponsored the duration of the dedication of state lottery tion around the tank, or failure to have a leak measure. revenue to the Minnesota Environmental and detection method in place. The MPCA also HF3297*/SF2296/CH341 Natural Resources Trust Fund. may tag underground storage tanks in viola- Under the law, voters in the November tion of current regulations if an enforcement 1998 general election will decide the follow- action has been taken and the violations have Upgrading landfill closures ing question: “Shall the Minnesota Constitu- not been corrected. tion be amended to extend to the year 2025 A red tag on the cap of a tank will provide A new state law allows the city of Tower, Minn., to transfer waste materials from its the dedication of lottery proceeds to the En- notice that delivery of petroleum is prohib- vironmental and Natural Resources Trust ited until the violations are corrected. old city dump to a nearby landfill to make room for a proposed development. Fund and to maximize the long-term total to Gas station owners and other petroleum- the fund?” dispensing facility operators have until Dec. Effective March 24, 1998, the new law au- thorizes the Minnesota Pollution Control The fund was established by a constitu- 31, 1998, before the red tag provisions take tional amendment in 1988. At the time, the effect. Agency (MPCA) to allow certain closed land- fills to accept nonhazardous dump materials state was allowed to earmark 50 percent of Rep. Betty McCollum (DFL-North the lottery proceeds for the environmental St. Paul) and Sen. Steven Novak (DFL- from publicly owned sites, such as the Tower dump. fund. New Brighton) sponsored the new measure. A second constitutional amendment in HF2722*/SF2756/CH379 Under the new law, the Northwoods Land- fill, about eight miles south of Ely, Minn., will 1990 reduced to 40 percent the portion dedi- accept waste materials from the Tower site. cated to the environmental fund. That dedi- cation expires in 2001.

27 Highlights

The amount appropriated each year of a considered to have abandoned the child.” The existing law required birth parents to biennium under the constitutional amend- Registering also serves as the first step in a have resided with the child before the adop- ment could be up to 5.5 percent of the market paternity claim. Within 30 days after being tion in order to enter into a contact agree- value of the fund on June 30 one year preced- notified of a pending adoption, the father can ment with the adoptive parents. ing the start of the biennium. file with the court an intent to claim parental The new law terminates the residency re- The fund’s current value is about $210 rights. That way, a father would preserve the quirement for birth parents. Other birth rela- million. About $22 million was dedicated for right to maintain an interest in the child. tives, however, are required to have lived projects in the current biennium. Effective April 21, 1998, this year’s legisla- with the child in order to enter into such an Rep. Willard Munger (DFL-Duluth) and tion changes the name of the registry, remov- agreement. Sen. Steven Morse (DFL-Dakota) sponsored ing “putative” from putative fathers’ adop- The new measure applies to all agreements the new measure. tion registry. Health officials said that the entered into on or after July 1, 1997. HF113*/SF76/CH342 simple change would alleviate a good deal of The new law also contains several provi- confusion about the list. sions updating the newly established father’s Statewide capital improvements: The new law also requires that the Depart- adoption registration. These changes also Recreation and conservation ment of Health notify the mother when a were included in the new omnibus family law (See Bonding, page 13) father has registered. Proponents of this pro- measure (HF2784/SF2276*/CH382). vision argued that it is only fair to let the Rep. Wes Skoglund (DFL-Mpls) and Fishing dispute resolution mother know that the father may intend to Sen. Jane Ranum (DFL-Mpls) sponsored the (See Tourism, page 54) make a paternity claim if the child is placed legislation clarifying open adoption Environmental projects cut for adoption. requirements. (See Vetoed Bills, page 65) The measure also exempts individuals ar- HF3332*/SF2949/CH354 ranging international adoptions from the Children’s endowment fund adoption registry requirements. (See Dead Bills, page 68) Health officials say that they have received Child support hearing process only a few names for the fathers’ registry Motors in boundary waters A new law makes changes to the adminis- (See Dead Bills, page 72) since it was created in January 1998, but they expect more registrants as the process be- trative hearing process for child support. Spraying for mosquitoes comes more widely publicized. In 1994, the Office of Administrative Hear- (See Dead Bills, page 76) The omnibus family law also contains sev- ings was authorized to hear child support eral provisions that will adjust the way child cases involving a public authority, such as a support is decided. county social service agency. The process can be used in these cases to obtain, modify, or FAMILY Most notably, one provision requires that courts consider financial obligations to sub- enforce child support payments. The goal was to create a simple, informal Fathers’ adoption registry sequent children of current marriages when figuring increases in support payments for process that could be made available to people A new measure makes several changes to children of a previous marriage. without legal counsel. The Office of Admin- the state’s family law, including adjustments The new law also makes several technical istrative Hearings conducts about 12,000 of to the newly created fathers’ adoption corrections to Minnesota’s child support laws these hearings a year. registry. to bring them into compliance with welfare The new law, effective Aug. 1, 1998, makes Legislation enacted in 1997 allows men reforms enacted at the federal level. several procedural changes intended to who believe they may be birth fathers to Rep. Andy Dawkins (DFL-St. Paul) and streamline the process. The measure also register with the state Department of Health Sen. David Knutson (R-Burnsville) spon- requires that the Department of Human Ser- to be notified if their child is put up for sored the omnibus family law legislation. vices conduct a study to examine the effec- adoption. HF2784/SF2276*/CH382 tiveness of these child support hearings. The registry is for any male who is or may Rep. Matt Entenza (DFL-St. Paul) and Sen. be a child’s father but is not married to the Leo Foley (DFL-Anoka) sponsored the new mother and has not otherwise established Clarifying open adoption law measure. paternity. The law is aimed mainly at couples HF2861/SF2040*/CH338 A new law clarifies the requirements for who have little or no relationship beyond the birth parents under the open adoption law time of conception. K-12 education finance: passed in 1997. The registry protects a birth father’s rights Boarding schools Following the recommendations of the in the event his child is put up for adoption, (See Education, page 21) Minnesota Supreme Court Foster Care and and protects children and adoptive parents Adoption Task Force, the Legislature autho- Family, early childhood bill from having their families “ripped apart” by rized legally enforceable communication (See Vetoed Bills, page 63) fathers contesting an adoption. agreements between birth relatives and adop- A father who does not register within 30 Unpaid parental leave tive parents. These agreements provide as- days of a child’s birth would not — under (See Dead Bills, page 71) surances to the birth parents and other rela- most circumstances — be allowed to contest tives that they can voluntarily terminate rights Child custody decisions an adoption. By failing to register, a father “is and still have contact with the child. (See Dead Bills, page 72)

28 Highlights

GAMBLING

Gambling proceeds and the ADA A new law allows organizations to use legal gambling profits to bring their facilities into compliance with the Americans with Dis- abilities Act (ADA). Under previous law, gambling proceeds could be used for construction or repairs on only certain types of property. Legal uses included maintaining nonprofit facilities or replacing buildings lost to natural disaster or eminent-domain ruling. But the new law allows any group that earns money from legal gambling — such as pull tabs — to use those funds to either improve handicapped access in a facility or to The 1998 ice fishing season was extended by two weeks under the first law signed by the governor replace an out-of-compliance facility with this year. After an unusually mild winter, the extension gave resort owners an opportunity to capture one that meets ADA requirements. some lost revenue and afforded anglers a chance to make up for lost time. Proponents said this will be useful for or- election: “Shall the Minnesota Constitution deadline for ice fishing houses to be removed ganizations such as Veterans of Foreign Wars, be amended to affirm that hunting and fish- from Minnesota lakes in some cases. which often can’t afford to make handi- ing and the taking of game and fish are a State law mandates that ice fishing houses capped-access improvements. valued part of our heritage that shall be for- be removed from the lakes by the end of The new law also allows licensed gambling ever preserved for the people and shall be February. organizations to pay wages and make chari- managed by law and regulation for the public The new law stipulates that if the last day of table contributions via electronic transfer. good?” February falls on a Saturday, as it did this Under prior law, gambling profits had to Proponents believe a constitutional year, the deadline is extended by one day. follow a paper check trail. Proponents said amendment would be a first step in standing Rep. Irv Anderson (DFL-Int’l Falls) and the new measure will increase efficiency in up to anti-hunting and animal rights groups Sen. Don Samuelson (DFL-Brainerd) spon- large gambling operations. who may seek to curtail the activities of hunt- sored the legislation. The law, effective March 24, 1998, was ing and fishing enthusiasts. HF2492/SF2111*/CH252 sponsored by Rep. Mike Delmont Critics argue that there is no need for such (DFL-Lexington) and Sen. Jim Vickerman an amendment, and if approved, it would Fishing dispute resolution (DFL-Tracy). only serve to clutter the constitution. (See Tourism, page 54) HF2920/SF2911*/CH322 Others question the intent behind the leg- islation and its potential impact on treaty Omnibus game and fish bill Lottery revenue dedication rights, gun control laws, and property rights. (See Dead Bills, page 72) (See Environment, page 27) Rep. Bob Milbert (DFL-South St. Paul) Moose odds increase and Sen. Bob Lessard (DFL-Int’l Falls) spon- (See Dead Bills, page 73) State government finance: sored the measure. Lottery changes HF3808/SF41*/CH392 (See Government, page 30) GOVERNMENT Omnibus tax law: Ice fishing season extended Gambling taxes State government finance (See Taxes, page 53) Resort owners and anglers who were dis- Gov. Arne Carlson signed into law a appointed by an unusually mild winter were $33 million state government finance pack- uplifted by the first bill signed into law this age that includes funding for a study of ani- year. GAME & FISH mal feedlots, a compulsive-gambling The law, effective Feb. 13, 1998, extended treatment center in Granite Falls, Minn., and Hunting, fishing heritage the 1998 ice fishing season by two weeks. updates of the state’s computer systems. Normally, the season closes on the third The new law also provides funding for the A new law, effective Aug. 1, 1998, asks Sunday in February. The additional two- attorney general’s office, although Carlson Minnesota voters to decide whether hunting week window gave resort owners an oppor- used his line-item veto authority to pare about and fishing should be constitutionally tunity to capture some lost revenue and gave $1 million from the office’s proposed 1999 protected. anglers a chance to make up for lost time. budget. (See related story, page 65.) The law will submit the following amend- Another provision in the law extends the Some items that were initially approved by ment to voters in the November 1998 general

29 Highlights

the House were dropped from the legislation’s The study will be conducted by the Office program’s existing advisory council and to final version in conference committee, in- of Strategic and Long Range Planning and extend the life of the council for six months cluding a provision that would have prohib- will look at issues like government regulation was voted out in conference committee. The ited the Metropolitan Sports Facility from of feedlots, potential ownership arrange- council sunsets June 30, 1998. (Sec. 78) contracting with a professional sports team ments, and the impact of current feedlots. to play in the Metrodome for less than a A committee will be formed to advise the Lottery changes seven-year period. state’s Environmental Quality Board on an The law also gives $750,000 from the Min- Supporters of that measure, including Rep. environmental impact statement that will be nesota lottery prize fund to support Project Phyllis Kahn (DFL-Mpls) and Rep. submitted to the Legislature. (Secs. 5, 86) Turnabout, a compulsive-gambling treat- Ron Abrams (R-Minnetonka), said it would ment center in Granite Falls, Minn. be the only way to ensure that a repeat of the Community-based planning But it specifies that, apart from this appro- 1997 stadium debate wouldn’t dominate fu- The new law also amends a much-debated priation and ones approved in 1997, no more ture legislative sessions. 1997 program aimed at spurring planning than $340,000 may be used from that fund to Also stripped in conference committee was partnerships between Minnesota Planning support similar treatment or education pro- a provision that would have allowed law- and local communities. grams in fiscal year 1999, which begins makers to receive gifts worth less than $5 The 1997 program provides guidance, re- July 1, 1998. from lobbyists, and one that would have view, and funding on a voluntary basis for Effective July 1, 1998, the Minnesota State delayed implementation of a controversial communities to develop planning goals. Lottery is required to increase retailer com- fiber-optics program. At the request of several Greater Minne- missions by 0.5 percent and ensure that each Here’s a look at key provisions that did sota lawmakers — who said they were con- retailer receives at least 1 percent of the make it into law, under the legislation spon- cerned the program would not remain amount of each winning ticket sold at that sored by Rep. Tom Rukavina (DFL-Virginia) voluntary for long — the law now limits the location. and Sen. Leonard Price (DFL-Woodbury). state’s review of the plans to look only at the They are also allowed to pay a bonus to All provisions are effective April 7, 1998, extent to which the plan promotes local citi- lottery retailers of up to 10 percent of a po- unless otherwise noted. zen participation, spurs cooperation among tential increase in lottery sales from one year HF3137/SF3354*/CH366 communities, and demonstrates sound com- to the next, and to increase the percent of munity-based planning goals. revenue with which they can fund lottery Attorney general’s budget The law also gives more time for a commu- expenses. (Secs. 13, 70, 71, 73) The Office of the Attorney General receives nity to revise a plan after receiving comments $23 million for general operating expenses for from Minnesota Planning, and prohibits the Perpich’s portrait the fiscal year beginning July 1, 1998. state from considering participation in the Also under the new law, the state must The $1.1 million that Carlson line-item program when determining eligibility for accept a portrait of former Gov. Rudy Perpich vetoed would have funded a program to edu- other grants, loans, or funding packages. and wife, Lola, if a private donor provides cate senior citizens about telemarketing fraud, A proposal to expand membership on the funds for one. The state would have to sub- legal assistance to state agencies and coun- ties, and gaming enforcement. The office is still directed to set up an outreach program to help educate people about telemarketing fraud by January 1999, even though the proposed $100,000 in fund- ing for the project was vetoed. In fact, that’s how the provision — with no money — was originally approved by the House. The attorney general’s budget was in ques- tion because last year Carlson line-item ve- toed the office’s entire proposed 1999 funding — about $24 million — citing what he called unnecessary and excessive growth in the legal and law enforcement agency. This year’s law also calls for a task force to study the availability, effectiveness, and cost of legal services provided by the office. (Secs. 3, 69)

Studying feedlots A portrait of former Gov. Rudy Perpich and his wife, Lola, may finally decorate the halls of the Capitol, The law also provides $1.2 million for the under a new law which says the state must accept a privately funded portrait of the pair if one is first year of a three-year study of the effects of donated. Near the end of his time in office, the former governor pushed to have his wife included in his the livestock industry on the state’s economy official portrait, and the matter became the subject of significant controversy, with the couple appealing and environment. for public support with this billboard in St. Paul.

30 Highlights

stitute it for the portrait of Perpich currently Abolish treasurer’s office? would likely be cut. The other positions would hanging in the Capitol. be transferred elsewhere. Greiling said an Near the end of his time in office, the Minnesota voters will decide in November estimated $150,000 would be saved in former governor pushed to have his wife whether to abolish the state treasurer’s office, salaries. included in his official portrait, and the mat- under a new law signed by Gov. Arne Carlson. But, she said, the purpose behind elimi- ter became the subject of significant This year’s ballot will contain a proposed nating the office “is not to be saving money controversy. constitutional amendment that would elimi- but to have one less elected figure.” Portraits of each former Minnesota gover- nate the elected office in January 2003. If the The four-year term of the current state nor hang throughout the corridors of the amendment is approved, the treasurer, along treasurer, Michael McGrath, expires at the Capitol, and each is pictured alone. The with the secretary of state and the commis- end of 1998. Perpich portrait now found on the ground sioner of finance, would advise the legisla- Voters will elect a new treasurer in No- floor of the Capitol shows the former gover- ture on where to transfer the office’s powers. vember, at the same time they vote on the nor standing in front of an iron ore mine. “Many studies over several decades have constitutional amendment. A majority of (Sec. 85) recommended abolishing the office because voters voting in the election would have to it’s a shell of its former self in terms of policy- support abolishing the office in order to ratify Settling border disputes making,” said Rep. Mindy Greiling (DFL- the amendment. The law also provides $25,000 for the Coun- Roseville), who sponsored the legislation in Sen. Deanna Wiener (DFL-Eagan) spon- cil of State Governments to set up meetings the House. sored the legislation in the Senate. between Minnesota and Canadian lawmak- The state treasurer currently receives and HF103/SF161*/CH387 ers to discuss disputes, including fishing laws. issues receipts for all monies paid into the Many Minnesota residents living or own- state treasury, handling about $150 billion in ing businesses close to the Canadian border transactions annually. Omnibus pension law have complained for years about Canadian At one time, the office was in charge of policies, including fishing limits, user fees, overseeing the state’s unclaimed properties, Minnesota judges get a small raise in order and border crossing permits that they say but that duty was transferred to the Depart- to contribute to more of their retirement discriminate against U.S. anglers. (Sec. 2) ment of Commerce. plan costs, under a new omnibus pension Most of the remaining responsibilities of law. Future Olympians the office, Greiling said, are cash-manage- “Currently, judges are paying a much Under the omnibus law, the Minnesota ment duties that do not involve policy- smaller part of the cost of their retirement Amateur Sports Commission receives making. plan than [other state employees],” said Rep. $100,000 to fund development of a statewide Likely candidates to take over those duties Phyllis Kahn (DFL-Mpls), who sponsored winter sports program for females and at- include the secretary of state’s office and the the legislation in the House. “This brings risk youth. commissioner of finance. them more in line with others, and it is cost- The money becomes a grant to the United Of the 13 current employees in the free to the state.” States Olympic Committee’s Minnesota treasurer’s office, two positions — those of As of July 1, 1998, judges receive a Olympic development program. (Sec. 9) the treasurer and the assistant treasurer — 1.5 percent raise, but they are required to

Administration The new law grants the Department of Administration money for the following programs: • $4.4 million to help update government computer systems to address problems as- sociated with the year 2000; • $315,000 to Pioneer Public Television to build a tower in Otter Tail County, cur- rently the only part of the state that does not receive a public television signal; • $150,000 to coordinate the Minnesota Alli- ance with Youth initiative; • $44,000 to make the State Register and the Minnesota Guidebook to State Agency Ser- vices available on the Internet free of charge; and • $20,000 for a portrait of Gov. Arne Carlson to hang in the Capitol. (Sec. 6) State Treasurer Michael McGrath’s term concludes at the end of 1998, and he is not seeking re-election. But his replacement may be the last person to hold that office in Minnesota. A new law allows voters to decide at the November 1998 polls whether to abolish the office in 2003.

31 Highlights

increase their pension fund contributions by and remain eligible for the pension program. Public employee insurance plan 1.73 percent. The state makes up for paying And effective April 21, 1998, the law strikes the higher salaries because its own required the old Oct. 1, 1998, deadline for districts to Employees of county and municipal hos- contributions to the pension fund go down submit part-time teacher pension plan agree- pitals are eligible to join the state’s Public by 1.5 percent. (Art. 5, Secs. 4-6) ments. Districts are allowed to file executed Employee Insurance Program, under a new The wage hike is necessary because the agreements after that date, but they have to law, effective Aug. 1, 1998. state constitution prohibits reducing the com- pay a fine of $5 per day. (Art. 3) “For some obscure reason, that group was pensation of a sitting judge. Although judges not included among those eligible before this still take a slight pay cut, they have agreed to legislation,” said Budd Johnson, health care the arrangement and have said they will not Applying for workers’ comp purchasing manager for the employee insur- ance division of the Department of Employee rule it unconstitutional in court, Kahn said. A new law should make the process of “The result is that we will be getting to Relations. applying for workers’ compensation benefits The program is an optional package plan better judicial pension policy at no cost to the a little easier for some applicants. state and at small cost to judges,” Kahn said. that includes medical, dental, and life insur- Effective Aug. 1, 1998, applicants can sub- ance options for the state’s public employees, Since the salary of certain state executive mit copies of documents that previous law branch officials is tied to a percentage of including elected officials. required to be submitted as originals. Johnson said the benefit of being eligible judges’ salaries, the new law also amends Those documents include the initial injury those percentages, effective July 1, 1998, so for the plan is that it provides insurance report made by the employer and any rel- options. those officials do not receive pay increases. evant medical records. (Art. 5, Secs. 1-3) “If a small hospital group went out to look The move from originals to document cop- for coverage on their own, they’d more than Sen. Steven Morse (DFL-Dakota) spon- ies became both possible and desirable since sored the omnibus pension measure in the likely be restricted to selecting single cover- the workers’ compensation division of the age,” he said. Senate. Department of Labor and Industry switched HF2970*/SF2555/CH390 The program offers multiple-carrier to a high-tech imaging system for storing choices including HealthPartners, Blue Cross information. Privatizing hospitals and Blue Shield of Minnesota, and in parts of Since March 1995, the division has used a southern Minnesota, the Mayo group. The new law also provides guidelines un- Daedalus imaging system for all new claims. der which two public medical facilities may Rep. Harry Mares (R-White Bear Lake) The system allows documents to be stored as and Sen. Sheila Kiscaden (R-Rochester) spon- provide pension-related payments if they are images in the computer system instead of in transferred to private ownership. sored the legislation. paper form. HF3734/SF2354*/CH271 The two facilities are Luverne Community In addition to reducing storage space, the Hospital in Luverne, Minn., and Arnold new files can be accessed by more than one Memorial Hospital in Adrian, Minn., and the person at a time. New recruitment methods provisions are subject to local approval by “An attorney in Duluth and someone in the two city councils before they take effect. our office can see the same information si- A new law allows the state commissioner (Art. 1) multaneously,” said Gretchen Maglich, as- of employee relations to experiment further sistant commissioner for workers’ with alternative methods of selecting and Surviving-spouse benefits compensation. hiring state employees. The widow of a St. Paul building inspector But since the office now destroys docu- Effective March 19, 1998, the law allows who was murdered while working last Christ- ments after imaging them, it no longer makes the commissioner to waive certain civil ser- mas Eve receives increased surviving-spouse sense to have applicants send in the originals. vice laws in order to try out new recruitment benefits, under the new law. “People often want to keep the original for methods. The inspector had been employed by the their records, and the imaging machine can Prior law also allowed waiving certain of city for 33 years and would have been eligible read a clear copy,” Maglich said. the civil service hiring laws for what’s called for early normal retirement less than two She added that the new law also benefits experimental appointments, but the law months after he was killed. If approved by the the many applicants who fax documents to capped the number of those alternative ap- St. Paul City Council — which would have to the office. In the past, they have had to follow pointments at 5 percent of annual hiring. provide some of the funding — the new law up on the fax by sending in the original to be The new law allows more requirements — would allow his wife to collect benefits as if he filed. mostly definitions pertaining to civil service had been eligible for the retirement already. Rep. Hilda Bettermann (R-Brandon) and statutes — to be waived and allows experi- (Art. 2, Sec. 17) Sen. Linda Runbeck (R-Circle Pines) spon- mental appointments to exceed 5 percent, sored the measure. with the consent of any affected bargaining Part-time teachers’ pensions HF3532/SF3068*/CH294 unit. The new law also changes the qualifica- Under the traditional method, job appli- tions and filing deadlines for the state’s part- cants take a civil service test as one of the first time teacher pension program. steps in the application process. Effective July 1, 1998, teachers are allowed Experimental projects include using com- to work up to 80 percent of full-time hours puter-based programs to scan resumes for

32 Highlights

key skills sought by state agencies. The De- the new law allows those agencies to continue The board examines, licenses, and regu- partment of Employee Relations then directs to conduct meetings by telephone as long as lates architects, professional engineers, land selected resumes to appropriate agencies. all people participating in the meeting can surveyors, landscape architects, and geosci- Rep. Richard Jefferson (DFL-Mpls) and hear all discussion and testimony. entists, certifies interior designers, and inves- Sen. Dan Stevens (R-Mora) sponsored the Also, members of the public present at the tigates consumer complaints. The board legislation. agency’s regular meeting place must be able consists of 21 governor-appointed members. HF2777/SF2516*/CH286 to hear all discussion, testimony, and votes. The new law sets a term limit and specifies Telephone voting must be conducted by roll that board members must remain Minnesota call, so that all members’ votes can be identi- residents throughout their appointment. Easing the car crunch fied and recorded. Another provision of the new law autho- The law also requires the agency to allow rizes the board to issue temporary permits to The Capitol complex hasn’t escaped the members of the public to listen in, by tele- professionals who are new to the state if they growing metrowide problem of parking phone, to any such meetings, although they have not had the opportunity to take the state shortages, and a new law clarifies the Depart- may require those persons to pay any addi- exams. An individual must be licensed in ment of Administration’s authority to try to tional costs due to their connection. another state with which the board has estab- ease the car crunch. Proponents say telephone meetings save lished reciprocity to be eligible for a tempo- The department has long been responsible time and money, given the diverse geographi- rary permit. for overseeing state parking lots, buildings, cal representation of the agencies. Rep. Kathleen Sekhon (DFL-Burns Town- and grounds, and in recent years, has begun Jeanne Wyszynski, of MHFA, said the ship) and Sen. Linda Scheid (DFL-Brooklyn to implement programs promoting carpools, agency conducts only special meetings for Park) sponsored the measure. buses, and alternative parking lots with shuttle bond sales — held about once every three HF1116/SF1814*/CH324 services. months — via telephone and has so far held But upon the advice of the attorney about six remote meetings successfully. general’s office, the department added lan- Rep. Peg Larsen (R-Lakeland) and Sen. Eliminating obsolete rules guage clarifying these programs to a bill sub- Carol Flynn (DFL-Mpls) sponsored the mitted to the Legislature this year. measure. State agencies will be required to use a The new law, effective Aug. 1, 1998, gives HF3593/SF2457*/CH279 performance-based measuring stick to prove the commissioner of administration permis- that new rules are clearly working toward sion to promote alternative transportation achieving the agency’s goals, under a new modes and to provide employee shuttle Transfer of duties completed law. services. Effective Aug. 1, 1998, the law requires that Programs already being offered include A new law completes the process of trans- new rules adopted by state agencies must, vanpools and specially negotiated lower prices ferring certain duties from the Department whenever feasible, emphasize superior on bus passes for state employees. of Economic Security to the Department of achievement in meeting the agency’s regula- Scott Simmons, legislative liaison for the Children, Families, and Learning. tory objective. Agencies adopting rules will Department of Administration, said there In 1997, Gov. Arne Carlson transferred also have to describe how they considered was already a state law directing the office to duties including energy assistance, transi- and implemented the performance-based work to reduce the number of single-occu- tional housing, food shelf, and lead abate- regulatory policy. pancy vehicles driven to work by state em- ment programs between those two agencies. The new law also clarifies policies for rid- ployees and the issue is high on the But the state law which permitted those ding the books of obsolete rules and plans a department’s list of priorities. He said the transfers also required the executive branch study of where rulemaking authority may be new language is aimed at clarifying the to submit a bill to the Legislature making too broadly delegated. department’s role. necessary statutory changes. Under prior law, agencies were required to Rep. Bill Hilty (DFL-Finlayson) and Sen. Effective Aug. 1, 1998, the new law makes report any rule or portion of one that they Martha Robertson (R-Minnetonka) spon- those technical changes, mostly involving found to be obsolete, and to devise a time- sored the legislation. cross references to affected programs. table for repealing the rule. HF2947/SF2730*/CH359 Rep. Tony Kinkel (DFL-Park Rapids) and Effective Aug. 1, 1998, the new law adds Sen. LeRoy Stumpf (DFL-Thief River Falls) rules that are determined to be unnecessary sponsored the legislation. or duplicative of other state or federal stat- Meetings via telephone HF2866/SF2477*/CH273 utes to that category. Telephone meetings and telephone voting It allows agencies to either provide a time- by members of the Minnesota Housing Fi- table for repeal or develop a bill to submit to nance Agency (MHFA) and the Rural Fi- Term limit for board members the Legislature that would repeal the rule. nance Agency, approved temporarily in 1997, Agencies also are required to report annually Effective Aug. 1, 1998, a new law estab- are granted permanent approval under a new on the status of any rules previously identi- lishes a two-term limit for members of the law. fied as obsolete, unnecessary, or duplicative. Minnesota Board of Architecture, Engineer- Effective June 30, 1998, the same day the The new law also directs the Legislative ing, Land Surveying, Landscape Architec- temporary authorization would have sunset, Coordinating Commission to begin a study ture, Geoscience and Interior Design. of state law to identify areas where rulemaking

33 Highlights

authority is delegated too broadly to state National Guard, can be used in disaster areas Rep. Ann H. Rest (DFL-New Hope) and agencies. in participating states. In turn, Minnesota Sen. LeRoy Stumpf (DFL-Thief River Falls) By Jan. 15, 1999, the law requires the com- can receive emergency support and person- sponsored the measure. mission to submit a report to the Legislature nel from outside states. HF2673*/SF1946/CH356 of its findings, including proposals for new Proponents argued that the new law was legislation with more specific delegations of necessary to remove barriers which prevented authority. states from assisting each other in times of Donating ‘distressed’ foods Rep. Mindy Greiling (DFL-Roseville) and crisis. Legislators were told of a situation Food handlers can donate “distressed” Sen. John Hottinger (DFL-Mankato) spon- where a helicopter owned by North Dakota foods to local governments or to the state, sored the legislation. could not be used in a rescue situation in under a new law effective Aug. 1, 1998. HF2043/SF1583*/CH303 Minnesota during the 1997 flooding because Food is considered distressed when it can- of legal issues. not legally be sold but is still deemed safe — The new law allows the states to form unspoiled milk that has not sold before the ‘Best value’ procurement system disaster plans and authorizes joint training expiration date, for example. exercises between participating states. A new law allows state agencies to use a Currently, food handlers can donate dis- The measure also mandates that licenses, new system for purchasing goods and ser- tressed foods to nonprofit organizations who certifications, and permits valid in the assist- vices, under which they no longer must award supply the food to the elderly or needy. The ing state are temporarily valid in the state all contracts to the lowest bidder. new law will allow them to donate these foods requesting assistance. The governor of the Effective July 1, 1998, the new law allows to units of government as well. state requesting assistance has the authority agencies more flexibility to move to a system The measure removes liability for food to place limits on these temporary known as “best value” for awarding state handlers who choose to donate the distressed arrangements. contracts other than those related to food, except in instances of gross negligence The new law also requires that costs in- construction. or intentional misconduct. curred by an assisting state be reimbursed by Under the old procurement system, agen- Bill sponsor Rep. Elaine Harder (R- the state requesting aid, unless those debts cies generally were required to award a con- Jackson) said that the idea was brought to her are forgiven by the assisting state. tract to the lowest responsible bidder. by county commissioners who felt that it Rep. Stephen Wenzel (DFL-Little Falls) Under new law, agencies are allowed to would be a good way to defray corrections and Sen. LeRoy Stumpf (DFL-Thief River take into account factors other than cost — costs. Falls) sponsored the measure. such as past experiences or brand names — “It’s food that may not be marketable, but HF3442/SF2945*/CH298 when purchasing goods or services. Propo- it is still safe for consumption,” Harder said. nents say the new system will increase agen- Sen. Dennis Frederickson (R-New Ulm) sponsored the bill in the Senate. cies’ flexibility and discretion, which will lead Red Cross volunteers to improved efficiency. HF176/SF154*/CH333 Portions of the construction industry and Although Gov. Arne Carlson allowed a bill members of the state bar association were granting full pay to state employees who Tornado disaster relief opposed to the change, which resulted in volunteer for the American Red Cross to Just 11 days after tornadoes wreaked havoc construction projects being exempted from become law without his signature, he wrote in south-central Minnesota, Gov. Arne the new law. Those projects will continue to that the legislation “truly represents poorly Carlson signed into law a package that brings be awarded to the lowest responsible bidder. thought-out public policy.” the area $27.6 million for disaster relief. Rep. Phyllis Kahn (DFL-Mpls) and Sen. The new law, effective Aug. 1, 1998, allows “The power that comes from hope is very David Knutson (R-Burnsville) sponsored any state agency to permit an employee who well represented in this package,” Rep. Ruth the legislation. is a certified disaster service volunteer to Johnson (DFL-St. Peter) said on the House HF384/SF726*/CH386 receive 100 percent pay while volunteering floor when that body passed the legislation for the Red Cross for up to 15 days per year. she sponsored. Emergency assistance compact “Clearly, the intent is noble . . . but this bill Effective April 10, 1998, the relief law pro- goes well beyond the normal parameters of vides $8 million to match federal disaster A new law enables Minnesota to offer and good judgment,” Carlson wrote. assistance. Johnson said the state will assume receive assistance during times of natural or He said the legislation was flawed for in- the 10 percent contribution normally funded human-caused disaster. cluding only state employees and not pri- by local governments under federal disaster The measure, effective Aug. 1, 1998, adds vate-sector or local government workers, and relief. The federal government typically pays Minnesota to a list of over 20 states partici- also for including volunteering with only the 75 percent while states pay 15 percent and pating in the Interstate Emergency Manage- Red Cross and not other disaster-relief local governments pay 10 percent. ment Assistance Compact. North Dakota, organizations. Another $3.5 million appropriation goes South Dakota, and Iowa have all ratified the “At the same time, how can a person be a to people rebuilding their homes. Loans up agreement. ‘volunteer’ while receiving 100 percent pay?” to $10,000 at no interest go to those who stay Under the compact, Minnesota’s disaster he wrote. He added that he hoped the Legis- in their homes for 10 years. Another $500,000 response agencies, such as the Minnesota lature would consider altering the policy in is provided in the form of forgivable loans for the future.

34 Highlights

college without a strong, vibrant commu- nity,” he said. Sen. John Hottinger (DFL-Mankato) spon- sored the legislation in the Senate. HF3862*/SF3411/CH383

Olmsted County appointment As some Minnesota counties grow and expand services, the everyday business of running county government is becoming more complex. That has spurred a debate over the compe- tency and effectiveness of elected officials versus appointed officials in some positions. Olmsted County has requested permission from the state to choose the latter. Effective upon local approval, a new law gives the Olmsted County Board the author- ity to appoint their next county treasurer/ Lawmakers moved quickly to provide relief for victims of the March 1998 tornadoes, which struck auditor. several cities in south-central Minnesota. A new law provides $27.6 million to help finance cleanup and repair efforts. The board appointment will stand unless 10 percent of the registered voters in the Another $1 million goes toward loans or the reconstruction or rehabilitation of rental county request a referendum and a majority grants needed for historic preservation. housing. of voters in the countywide referendum dis- Rep. Phyllis Kahn (DFL-Mpls) said the Businesses affected by the tornadoes are approve of the board’s choice. state needs to look into federal aid for the eligible for $4.8 million in grants to help Rep. Dave Bishop (R-Rochester) and Sen. historic buildings. rebuild. Legislators were told that Le Center, Sheila Kiscaden (R-Rochester) sponsored the “It would be a shame if we passed up the a town of 2,000, has 400 jobless residents new measure. chance to rebuild this city the way it was,” because of the storm. HF2508/SF2581*/CH307 Another $1 million is set aside for local Kahn said. government to repair and replace publicly St. Peter has 270 buildings that have been owned buildings, water systems, streets, inventoried as possibly historic and 14 build- Claims against the state bridges, and other infrastructure. ings that are on the National Register of The law also includes $250,000 for after- Historic Places. The family of a college student killed in school child care and expanded day care Johnson’s home was among the 1,000 in 1991 by a convicted sex offender on his way services. St. Peter to receive minor damage in the from prison to a halfway house will receive Farmers are provided $4 million to repair March 29 storm. St. Peter Mayor Jerry almost $15,000, under a new law signed by farm buildings and to obtain working capital Hawbaker told the House Ways and Means the governor. operating loans. Committee via an interactive television con- David and Gayle Johnson of Alexandria, Tim Nelson, the disaster coordinator for nection that the city had another 200 homes Minn., filed a wrongful-death suit against the Brown County, said more than 32,000 acres destroyed, plus 600 others with major state after their daughter was murdered by a of farmland and drainage ditches were strewn damage. convict who had been released from St. Cloud with debris, some of which was so heavy it The town of Comfrey, with a population of prison five days earlier and ordered to report required removal by heavy machinery. about 450, was almost completely destroyed to a halfway house in Minneapolis. He was But he said most of the debris had to be in the string of tornadoes that prompted not assigned an escort and did not show up at removed by hand, and groups of volunteers President Clinton to declare four Minnesota the halfway house. took on the slow process of removing chunks counties a major disaster area. Following the murder, the Legislature of wood, nails, and other debris from some Department of Commerce Commissioner changed the law to require that escorts be fields. Dave Gruenes said the tornadoes probably provided in similar situations, but the Min- “There are no machines that can do most caused about $200 million in damage, much nesota Supreme Court rejected the parents’ of this work,” Nelson said. of which is covered by private insurance. claim. Legislators also were told farmers need Rev. Dennis Johnson, vice president for The Johnsons next turned for recourse to loans for machinery and seed, but that there college relations at St. Peter’s damaged the Minnesota Legislature’s Joint House-Sen- was relatively little livestock loss in the area. Gustavus Adolphus College, told legislators ate Subcommittee on Claims, which annu- Under the new law, another $2.7 million is the best way to help the wounded college ally hears private restitution claims that have set aside as a contingency fund that can be would be to help the community, where much been refused by the courts or a state govern- appropriated to the commissioner of finance of the faculty and staff reside. ment department. for allocations made at the governor’s re- “We can not succeed in our mission at the Effective April 7, 1998, this year’s claims quest or for unanticipated needs.

35 Highlights

law authorizes payment of certain claims Force on Fetal Alcohol Syndrome, which was against the state, as recommended by the HEALTH chaired by first lady Susan Carlson. subcommittee. The task force was formed in July 1997 to A Benton County deputy who, in 1996, Civil commitment law changes formulate a comprehensive approach to the shot and killed a suspect in the murder of a St. problem of alcohol abuse during pregnancy. A new law makes several changes to the Joseph police officer will receive about Approximately 800 children are born each state’s civil commitment law, including two $24,000. The deputy later suffered from post- year in Minnesota with the effects of Fetal provisions addressing public safety. traumatic stress syndrome and was unable to Alcohol Syndrome, according to the task The civil commitment process is used to work for eight months, but she was refused force. require individuals to accept mental health lost-wage payment by Benton County. Effective Aug. 1, 1999, the new law will care when, because of mental illness, they do Several inmates or former inmates who permit health care workers, counselors, and not realize the need for treatment. Civil com- suffered injuries while incarcerated, as well as others working with pregnant women to re- mitment usually consists of long-term hos- some people injured while performing court- port instances of suspected alcohol abuse to pitalization where a patient can be monitored ordered community service, also will receive local welfare authorities or to a maternal and effectively treated. There are approxi- payments this year. child substance abuse project. mately 3,400 civil commitment filings in Rep. Edgar Olson (DFL-Fosston) and Sen. The law will require that after the local Minnesota state courts each year. Randy Kelly (DFL-St. Paul) sponsored the welfare agency receives a report, it must con- In some cases, the commitment process is claims legislation. duct an assessment and offer necessary ser- used to require treatment for those individu- HF3830*/SF3393/CH362 vices to the pregnant woman. als who may be a danger to themselves or An earlier version of the bill would have others, including sexually dangerous Statewide capital improvements: made prenatal abuse of alcohol statutory individuals. grounds for civil commitment and required State buildings The new law, effective Aug. 1, 1998, has local welfare agencies to petition for commit- (See Bonding, page 13) two provisions which seek to provide in- ment in cases where the woman fails to follow creased protection for the public while pro- Gambling proceeds and the ADA treatment recommendations. tecting the rights of the patient. (See Gambling, page 29) Rep. Wes Skoglund (DFL-Mpls) and Sen. The measure authorizes courts to hold David Knutson (R-Burnsville) sponsored the Metropolitan Council contracts sexually dangerous individuals in jail for up new measure. (See Metro Affairs, page 50) to 24 hours during the commitment hearing HF3184*/SF3207/CH361 Omnibus tax law: process, provided that there is no other fea- Federal update sible place of confinement and that the (See Taxes, page 53) individual’s safety is not compromised. The new law also places new restrictions ‘Off-label’ drug coverage Fishing dispute resolution on temporary releases for patients who have Cancer patients who find relief from cer- (See Tourism, page 54) been committed as mentally ill and danger- tain treatments not approved by the Food Aircraft repair resolution ous. The measure requires that local law en- and Drug Administration (FDA) for their forcement agencies be notified of a temporary (See Transportation, page 57) specific form of cancer no longer will have to release and the nature of the release. wonder if their health plan will pay for the Attorney general’s budget In 1997, legislators enacted several recom- treatment. (See Vetoed Bills, page 65) mendations from the Supreme Court Advi- A new state law requires state-regulated sory Task Force on the Civil Commitment The state and failing schools health maintenance organizations and other System. The task force suggested measures to (See Dead Bills, page 70) health plans to pay for “off-label” use of improve the service provided to persons with drugs prescribed for cancer treatment. Effec- An evenly divided House? mental illness and to better manage civil tive Jan. 1, 1999, the law stipulates that all (See Dead Bills, page 73) commitment cases in the courts. such health plans, including Medicare supple- The 1998 legislation makes several techni- Unicameral legislature bills mental coverage, may not refuse to pay for cal corrections to the law passed in 1997. (See Dead Bills, page 74) cancer treatments involving drugs that are Rep. Matt Entenza (DFL-St. Paul) and Sen. already on a plan’s formulary, providing that Small gifts still count Don Betzold (DFL-Fridley) sponsored the research has shown that the drug is effective (See Dead Bills, page 74) new measure. as a cancer treatment. HF2785/SF2373*/CH313 Tobacco investments “Off-label” drug use is the prescribing of (See Dead Bills, page 74) drugs for a purpose other than the one for which the drug was originally approved by Business and public subsidies Prenatal alcohol abuse the FDA. Cancer specialists indicate about 10 (See Dead Bills, page 74) Gov. Arne Carlson signed a bill into law percent of their patients respond to treat- Second NATO resolution which authorizes the voluntary reporting of ment that is not covered for their specific cancer under their insurance plan. (See Dead Bills, page 76) prenatal alcohol abuse. The legislation comes as a result of recom- Drugs are often approved by the FDA for mendations made by the Governor’s Task one purpose, and then further research finds

36 Highlights

the drug is beneficial for another purpose. Sen. John Hottinger (DFL-Mankato) spon- Council on Black Minnesotans, and the In- But drug companies rarely resubmit these sored the measure. dian Affairs Council. medications for FDA approval because of the HF2401/SF2207*/CH316 Effective Nov. 1, 1998, a separate provision time and cost involved. Some health plans of the new law eases up on the licensing then refuse to pay for use of these prescrip- renewal paperwork for speech-language pa- tion drugs if the medication is not FDA- Regulating health occupations thologists and audiologists. Although the re- approved for cancer. newal fee stays at $80 per year, the specialists The law does not apply to drugs used in At the request of the Department of Health, are permitted to renew with the health de- experimental cancer treatment. a new law makes a number of changes to the partment once every two years instead of There are 27 other states with similar laws statutes regulating various health occupa- once a year. related to off-label drug use. tions in Minnesota, including speech-lan- Rep. Linda Wejcman (DFL-Mpls) and Sen. Rep. Alice Hausman (DFL-St. Paul) and guage pathologists, audiologists, alcohol and Dallas Sams (DFL-Staples) sponsored the Sen. Dallas Sams (DFL-Staples) sponsored drug counselors, hearing instrument dispens- measure. the measure. ers, physical therapists, occupational thera- HF2786/SF2447*/CH317 HF1306/SF1076*/CH301 pists, and unlicensed mental health practitioners. Effective March 24, 1998, the new law au- Hepatitis B vaccinations Improper use of DEA numbers thorizes the health department to issue 18-month temporary licenses to aspiring Children who enroll in kindergarten be- The U.S. Drug Enforcement Administra- speech-language pathologists and audiolo- ginning in the 2000-2001 school year must be tion (DEA) uses a numbering system that gists who have finished their academic course vaccinated against hepatitis B, under a new was established to identify medical profes- work and clinical training but have not yet law effective Aug. 1, 1998. sionals and others who are authorized to taken their licensing exams. The law also applies to children enrolling engage in business activities involving con- To qualify, a temporary registrant must in the seventh grade beginning with the 2001- trolled substances. not be subject to current or past disciplinary 2002 school term. But the law exempts fami- But the insurance industry and health plan action. Practice under a temporary license lies who object to the vaccination for religious companies have sometimes used DEA num- must be supervised. or other reasons. bers for other purposes, such as tracking the Under the new law, practice under the Hepatitis B is caused by a virus and is drug prescription practices of health care titles “doctor of audiology” or “doctor of spread by contact with an infected person’s providers. speech-language pathology” without the ap- blood or other body fluids. It can also be That will no longer be allowed under a new propriate degree from an accredited institu- spread by sharing washcloths, razors or law, which will not take effect for at least two tion is grounds for disciplinary action by the needles, and through tattooing. The vaccina- years. Its effective date is 24 months after a health department. tion process involves a schedule of three doses unique, alternative health identifier is Another provision of the new law grants of the vaccine. adopted. the health department the authority to re- The disease causes liver inflammation that The identifier is expected to be adopted peal, amend, or adopt new rules governing can lead to liver failure or cancer. under the federal legislation dealing with occupational therapists. Roughly 80 percent of infants receive the health insurance portability and account- The new law also makes minor changes to vaccination in conjunction with other child- ability. The status of that identifier is the licensing and continuing education re- hood vaccinations. The law’s purpose is to pending. quirements for drug and alcohol counselors, inoculate those who now do not receive the The DEA has tried to get national health including new ways to prove eligibility for vaccination. insurance associations to find an alternative licensure. The cost of the vaccination program for to the industry use of DEA numbers and has With the understanding that different com- those entering kindergarten is covered under asked its registrants to refuse to furnish DEA munities have different counseling needs, a federal program. numbers to insurance providers for reim- the new law gives the health department per- Rep. Nora Slawik (DFL-Maplewood) and bursement purposes. The DEA claims mis- mission to rework the licensing guidelines Sen. Becky Lourey (DFL-Kerrick) sponsored use could weaken the registration system, for drug and alcohol counselors who treat the measure. and the agency has sought to restrict the ethnic minorities or people with disabilities. HF2681/SF2372*/CH305 registration numbers to use for drug enforce- The health department is ordered to add ment purposes. representatives from the Minnesota Com- Safe drinking water The new state law will limit the use of DEA mission Serving Deaf and Hard of Hearing numbers for law enforcement purposes, and People and the Council on Disability to an A new law modifies Minnesota’s Safe thus prohibit insurance providers or health advisory committee charged with develop- Drinking Water Act to ensure that the De- plan companies from monitoring the pre- ing, implementing, and evaluating the new partment of Health can maintain water scribing practices of a practitioner. licensing criteria. Currently, the committee quality. The law also stipulates that a prescription is comprised of members from the Council Effective Aug. 1, 1998, the measure ex- that is not a controlled substance does not on Affairs of Chicano/Latino People, the pands the law that gives the department over- have to bear a DEA number. Council on Asian-Pacific Minnesotans, the sight of public water systems by adding Rep. Thomas Huntley (DFL-Duluth) and additional types of water systems to the list of

37 Highlights

systems the department oversees. The changes gram, and to designate certain rural non- Health, human services finance: are necessary due to legislation at the federal profit or public hospitals and facilities as Fighting cancer in women level and will allow Minnesota to keep its “critical access hospitals.” Such facilities can (See Human Services, page 43) federally delegated program authority and be certified by the state as necessary provid- existing federal funding levels. ers of health care services to residents in the Health, human services finance: The new law also authorizes the depart- area. Stopping STDs ment to assess administrative penalties against Necessary providers can be those 20 miles (See Human Services, page 43) large public water supplies for violations from the nearest hospital, those that are the MCHA cap increased under this provision. sole hospital in a county, or those that meet (See Insurance, page 45) The measure was sponsored by Rep. certain federal criteria. Kathy Tingelstad (R-Andover) and Sen. There is the potential for 39 such hospitals Defining ‘chronically ill’ Steven Morse (DFL-Dakota). in the state to receive the special designation. (See Insurance, page 45) HF2828*/SF2345/CH261 Under federal law, critical access hospitals Medical equipment, supplies receive enhanced reimbursement and regu- (See Insurance, page 45) latory flexibility in exchange for limiting their Automatic external defibrillators inpatient services while maintaining emer- A health care directive gency medical services. (See Law, page 46) Volunteers and others who provide emer- A study by the Agency for Health Care gency medical care with an automatic exter- Sirens and flashing red lights Policy and Research, part of the U.S. Depart- nal defibrillator without expectation of (See Transportation, page 56) ment of Health and Human Services, indi- compensation are not liable for civil dam- cates traumatic injuries are more common in Acquiring nonprofit hospitals ages, under a new law, effective Aug. 1, 1998. rural areas. Rural areas also have a larger (See Vetoed Bills, page 64) The new law broadens the existing “Good percentage of elderly people than urban areas Samaritan statute,” which provides immu- Medical malpractice lawsuits and higher poverty rates, according to the nity to volunteers or others who give emer- (See Dead Bills, page 75) agency. gency care, unless a patient objects. The small, rural hospitals designated as Many airlines and businesses now carry “critical access” facilities can retain patients automatic external defibrillators, which re- only for a limited time, but the hospitals can store the heart’s rhythm by delivering an HIGHER EDUCATION arrange for transfers and referrals when longer electric shock. To use an automatic external hospitals stays are required. defibrillator, the rescuer places two pads on Higher education funding The bill was the first introduced by Rep. the victim’s chest and the device measures Mary Ellen Otremba (DFL-Long Prairie), A new Minnesota higher education fund- the heart’s rhythm. If the device detects ven- who won a special election last fall to replace ing law spends $72.5 million — the largest tricular fibrillation, the machine directs the her late husband, Ken. supplemental budget increase for higher edu- user to push a button to deliver a shock. Sen. Dallas Sams (DFL-Staples) sponsored cation in this decade — to improve the state’s Under the new law, any volunteer or other the legislation in the Senate. colleges and universities. person who does not expect compensation HF2550*/SF2261/CH257 Appropriations in the new law target can render the emergency care without fear $35.5 million for the University of Minne- of civil liability, unless the person giving the Professional service providers sota and $36 million for the Minnesota State care acts in a reckless manner. (See Business, page 15) College and Universities (MnSCU) system. The law applies only to the scene of an Another $1 million goes to the Higher emergency outside a hospital or other medi- Omnibus pension law: Education Services Office to bolster work cal facility where licensed health Privatizing hospitals study programs on the state’s college cam- practitioners are available. (See Government, page 32) puses. All of the spending provisions are Rep. Geri Evans (DFL-New Brighton) and effective July 1, 1998. Sen. John Hottinger (DFL-Mankato) spon- Public employee insurance plan (See Government, page 32) Gov. Arne Carlson line-item vetoed a total sored the measure. of $500,000 that would have gone to the HF3138/SF2861*/CH329 Health, human services finance: U of M for two separate programs — expan- Abortion reporting sion of on-campus law clinics and enhance- ‘Critical access’ hospitals (See Human Services, page 41) ment of an effort to provide college planning information to students in K-12 schools, es- Health, human services finance: Closures and financial problems at rural pecially those without counselors. (See Fighting Fetal Alcohol Syndrome hospitals nationwide have created concern in related story, page 65.) (See Human Services, page 41) Minnesota, where up to 60 percent of the Much of the remaining money for the rural hospital patient population is on Health, human services finance: U of M goes toward “strategic academic ini- Medicare. Consumer health assistance tiatives,” which are programs — such as mo- Effective Feb. 26, 1998, a new state law (See Human Services, page 43) lecular and cellular biology — that are requires the commissioner of health to estab- considered crucial to ensure the university’s lish a Medicare rural-hospital flexibility pro- future as a leading academic institution.

38 Highlights

The bulk of the appropriation for MnSCU’s seven state universities and 29 two- year colleges goes toward reduction of the wide variances in the amount of per-student funding the individual institutions receive and toward rebuilding campuses’ base ap- propriations in areas such as instructional equipment. Rep. Gene Pelowski (DFL-Winona) and Sen. LeRoy Stumpf (DFL-Thief River Falls) sponsored the higher education finance legislation. Here’s a look at some highlights of the new law. HFnone/SF3297*/CH384

Funding for MnSCU A total of $20 million helps to enhance base appropriations to campuses by reduc- ing variances in state funding per full-year equivalent student at the 36 MnSCU institu- A $72.5 million higher education spending package approved by the Legislature provides $31.9 million for key academic initiatives at the University of Minnesota. Those initiatives include plans tions and acquiring up-to-date instructional to build a top program in molecular and cellular biology. equipment. Differences among campuses in per stu- University of Minnesota spending A separate provision of the new law pro- dent funding are due, in part, to differences A total of $31.9 million of the new law’s vides an additional $3.6 million for agricul- in enrollment and in types of programs. Large $35.5 million for the U of M goes toward tural research and outreach programs. campuses have efficiencies that smaller cam- improvement of key academic initiatives. (Sec. 4) puses lack. However, some legislators think Fields specifically targeted for improve- the funding variances are too great. ment include programs in digital technology Statewide capital improvements: For example, Southwest State University and programs in molecular and cellular biol- Higher education spending in Marshall, Minn., receives about $2,000 ogy. The funds are available for hiring fac- (See Bonding, page 12) more per student than does Mankato State ulty, purchasing equipment, or making other University. improvements. Alcohol sales on campus MnSCU is developing its own allocation Both the governor and the university re- (See Business, page 14) model for fiscal year 2000 and beyond. The quested $41.5 million in supplemental ap- Health, human services finance: law directs the system to address the variance propriations for the U of M. Medical education in per student funding between institutions University President Mark Yudof has (See Human Services, page 42) and to reduce campus and system reliance on focused on investing in the school’s molecu- one-time funding in the new model. lar and cellular biology programs and other Selecting U of M regents The law also provides $10 million to en- key academic initiatives since he took over as (See Dead Bills, page 75) hance partnerships between MnSCU institu- president in 1997. tions and business and industry. His goal is to create an institute for mo- The appropriation goes toward efforts to lecular and cellular biology with the aim of HOUSING increase the number of students enrolled in pushing the school into the top five public Affordable housing shortage internships by providing incentives for busi- universities in biological sciences. nesses to train, place, and retain students. Yudof requested funds from the 1998 Leg- A new law seeks to address a shortage of Also, the funding supports efforts to restruc- islature to recruit 11 blue-chip faculty mem- affordable housing that may develop because ture degree and certificate programs so more bers during the next three years and to provide of a situation involving federally subsidized of them require internships. them with equipment needed for research. complexes. The new law also provides $3 million for The president also intends to hire another 15 In the 1970s, the federal government set up MnSCU libraries to purchase materials and junior faculty members by redirecting previ- a program where developers received re- equipment, with particular emphasis on the ous U of M funding. duced-rate mortgages and financing incen- regional libraries at the state universities. The law also requires that a portion of the tives to build low- and moderate-income Another $3 million included in the law will $31.9 million is to go toward agricultural housing. Rent rates were subsidized by the help universities to redesign teacher educa- research into problems affecting Minnesota federal government and rent increases were tion curriculum to ensure that would-be farmers. Those problems include plant dis- regulated. teachers are prepared to work with the state’s eases that have damaged wheat and barley Owners of these complexes recently have new K-12 graduation standards and to inte- crops and respiratory diseases that have hit begun taking advantage of a provision that grate technology into teaching methods. turkeys on many farms in the state. allows them to prepay the remaining portion (Sec. 3)

39 Highlights

of their mortgage and to begin charging mar- Housing options for seniors Previously, only real estate agents and ket-rate rent. licensed dealers were permitted to sell manu- The new law, effective Aug. 1, 1998, makes A new law seeks to create more affordable factured homes in Minnesota. several changes in the law that regulates the housing options for seniors. The legislation was introduced at the re- state’s allocation of federal low-income hous- Effective March 19, 1998, the law expands quest of rural park owners who were having ing tax credits. These credits are used to the statutory definition of elderly housing as difficulties attracting agents to sell low-end provide incentives for developers who build it applies to the human rights law, bringing homes. or redevelop low- and moderate-income state law into compliance with federal stat- The measure was sponsored by Rep. housing. utes. The effect is that more facilities may Gary Kubly (DFL-Granite Falls) and Sen. The measure gives the Minnesota Housing classify as elderly housing exclusively. Steven Novak (DFL-New Brighton). Finance Agency more oversight to ensure The new law removes the requirement that HF3148/SF2047*/CH280 that all of the state’s credits are used and used elderly housing must provide facilities de- under federal guidelines. signed to meet social and physical needs, The new law also makes several changes in such as recreation and meeting rooms. Tenant security deposits Rep. Satveer Chaudhary (DFL-Fridley), the law that regulates distribution of the state’s A new law, effective Aug. 1, 1998, extends sponsor of the measure, said that the addi- federal limit for private-activity, tax-exempt the current interest rate paid by property tional services provided to tenants mean ad- bonds. Among other changes, the new law owners on tenant security deposits. ditional cost in rent. sets a new priority for housing projects that Existing law set the rate at 3 percent until “These types of facilities often cause rent to preserves existing federally subsidized May 1999, and after that time the rate was to be $100 to $300 higher than other facilities,” housing. be increased to 4 percent. The rate increase he said. Rep. Ann H. Rest (DFL-New Hope) and was supposed to parallel an increase in inter- Sen. Deanna Wiener (DFL-Eagan) spon- Sen. Steven Novak (DFL-New Brighton) est rates generally; however, interest rates sored the bill in the Senate. sponsored the measure. have remained low. HF2779/SF2230*/CH291 HF3145*/SF2719/CH363 Property owners said that after 1999 they would be paying a higher rate to hold deposit Paying off liens funds than most financial institutions would Affordable housing corporation pay. Effective Aug. 1, 1998, a new law gives The new law changes the date of the in- The Headwaters Regional Development homeowners less time to pay off liens so they Commission in northern Minnesota can es- crease to 4 percent from May 1, 1999, to May can keep their property. 1, 2001. tablish a nonprofit corporation to improve The changes are related to mechanic’s liens, the affordable housing picture in that area, Rep. Loren Jennings (DFL-Harris) and Sen. which contractors can file to ensure payment James Metzen (DFL-South St. Paul) spon- under a new law, effective Aug. 1, 1998. for construction or related work. The commission, which acts as a planning sored the measure. The liens can be filed with the county HF2590*/SF2122/CH266 and development organization serving local recorder, the registrar of title, or the county governments, organizations, senior citizens, real-estate records. They give the contractor and businesses in Beltrami, Clearwater, the ability to go to court to have the property Decorative gas lamps Hubbard, Lake of the Woods, and Mahnomen sold to pay for the work. counties, sought legislative approval to es- Under the new law, the redemption period The Victorian-style decorative gas lamp, tablish a nonprofit affordable housing for a property with a lien is reduced from one once a feature on most classic 19th-century corporation. year to six months. The redemption period is houses, is one step closer to extinction in The nonprofit organization is expected to the time in which the owner can redeem the Minnesota. tackle the job of increasing the supply of property from the court-ordered sale by pay- In 1977, the state prohibited using the affordable housing and helping to make it ing what is owed. The owner can live in the lamps, but granted variances to the ban for easier for people to own a home. property during the six months. homeowners 65 years old or older who re- The nonprofit corporation can acquire Rep. Joe Mullery (DFL-Mpls) and Sen. quested to use the lamps at their principal land, accept grant and loan money from the Deanna Wiener (DFL-Eagan) sponsored the residences. Eligible homeowners were allowed state and federal government, build and reno- new measure. to renew their variances every four years. vate homes and apartments, and sell and HF2601*/SF2677/CH289 Under a new law, effective Aug. 1, 1998, manage housing in the area. variances can no longer be granted, but In 1997, the Legislature passed a law pro- Selling abandoned homes homeowners who received variances in 1977 hibiting political subdivisions like the north- will be allowed to continue using their gas ern Minnesota commission from establishing A new state law aims to help Minnesota’s lamps during their lifetime. nonprofit corporations without specific manufactured-home park owners rid their Concerns for safety prompted efforts to authorization by law. properties of abandoned homes. ban the lamps. Rep. Gail Skare (DFL-Bemidji) and Sen. Effective March 17, 1998, the law autho- Rep. Ken Wolf (R-Burnsville) and Sen. David Ten Eyck (DFL-East Gull Lake) spon- rizes the owner of a manufactured-home Mark Ourada (R-Buffalo) sponsored the sored the new measure. park to obtain a limited dealer’s license and legislation. HF2635/SF2574*/CH292 to sell up to five used homes that are within HF3070*/SF2847/CH350 the park’s boundaries per year.

40 Highlights

Home mortgage services Abortion reporting late, the physician or facility can be fined (See Consumers, page 16) The new law requires that physicians or $500 for each 30-day period the report is medical facilities provide the state with infor- overdue. (Art. 10, Secs. 1-7) Good funds mation about abortions they perform and (See Consumers, page 16) that the Department of Health release an Fighting Fetal Alcohol Syndrome Meetings via telephone annual public report compiling Minnesota The new law includes $5 million to prevent (See Government, page 33) abortion statistics. The new requirements are Fetal Alcohol Syndrome, a series of birth effective July 1, 1998. defects that can result from alcohol con- Omnibus tax law: Physicians or facilities are required to re- sumption during pregnancy. Property tax reform port a variety of factors related to each abor- Minnesota first lady Susan Carlson co- (See Taxes, page 51) tion procedure. Specifically, each physician chaired the Governor’s Task Force on Fetal Omnibus tax law: must disclose the number of abortions he or Alcohol Syndrome, which last year estimated This old house she performed within the previous year, the the disease costs Minnesota taxpayers at least (See Taxes, page 52) method used for each abortion, the approxi- $45 million annually in health, judicial, and mate gestational age at the time of the abor- social services expenses. Omnibus tax law: tion, and the age of each woman who has an Also, the Journal of the American Medical Manufactured home sales abortion. Association reports Fetal Alcohol Syndrome (See Taxes, page 53) Also, physicians are asked to supply the is the leading known cause of mental Omnibus tax law: woman’s specific reason for the abortion. retardation. The law lists a range of reasons — such as the The $5 million included in the omnibus Saving subsidized housing pregnancy poses a risk to the woman’s health, funding law matches the governor’s request (See Taxes, page 53) the pregnancy results from rape or incest, or for the program. Child care, jobs, housing: the woman does not want children at the Effective July 1, 1998, the health depart- Housing and the homeless time — that could be listed, but the reasons ment is to design and implement a statewide (See Special Session, page 59) doctors can cite are not limited to those listed program to raise public awareness about in the law. Fetal Alcohol Syndrome. A total of $800,000 Jobs, housing, development The new measure also stipulates that the is appropriated for the public awareness (See Vetoed Bills, page 62) woman need not provide a reason. campaign. Family, early childhood bill The reporting requirements also seek in- Another $400,000 is to be used to develop (See Vetoed Bills, page 63) formation about the number of previous a statewide network of regional Fetal Alcohol abortions the woman has had and the method Syndrome diagnostic clinics, and $150,000 is of payment for the abortion. And physicians to help train health care providers and others HUMAN SERVICES are required to provide information related to deal with the problem. to complications stemming from abortion The law also provides $350,000 to fund the Health, human services finance procedures. creation of a fetal alcohol coordination board, The law also establishes reporting require- which will review and coordinate existing New abortion reporting requirements are ments for the commissioner of human ser- state programs and integrate state and local part of a nearly $58 million health and hu- vices. The commissioner must annually prevention and intervention programs. man services finance law passed in the wan- provide information about the number of A total of $850,000 is marked for a Fetal ing moments of the 1998 session. out-of-state abortions paid for with state Alcohol Syndrome community grant pro- The new measure was the subject of a funds and the total amount of state funds gram, under the law. The commissioner of lengthy standoff over abortion-related used to pay for abortions. health is to administer the program, which provisions. The Department of Health must release an will finance work by community organiza- However, the abortion-related measures annual report beginning in 2000 on abortion tions on prevention and intervention. make up just a small portion of an omnibus in Minnesota. The law mandates that the Another $850,000 goes to the Department law that provides funds for salary increases report protect the identity of doctors who of Human Services to expand treatment ser- for nursing home employees, prevention of perform abortions and women who undergo vices for women who abuse alcohol during Fetal Alcohol Syndrome, state-purchased abortions. pregnancy. (Art. 1, Sec. 3; Art. 2, food stamps for legal non-citizens, and ef- If the department fails to produce the pub- Secs. 85, 95, 96, 105) forts to ensure food safety. lic report on time or to fulfill one of its Also, the law includes provisions that Min- enforcement duties, any group of 100 or Care provider pay hikes nesota must adopt to receive federal funds more citizens can seek a court injunction to Effective July 1, 1998, several new provi- totaling $28 million for children’s health care. force a timely release of the information or to sions grant a total of $20 million for wage Gov. Arne Carlson used his line-item veto require enforcement action to be taken, un- hikes for workers at long-term care facilities, authority to cut two small items totaling der the law. including nursing homes and facilities for $125,000 from the funding package approved The law also includes a provision that places people with developmental disabilities, and by the Legislature. (See related story, page 66.) a fine on physicians or medical facilities that other providers of human services. Rep. Lee Greenfield (DFL-Mpls) and Sen. fail to report on time. After a report is 90 days The law devotes $8.4 million to give nurs- Don Samuelson (DFL-Brainerd) sponsored the measure. HF2868/SF3346*/CH407 41 Highlights

ing home employees a 3 percent raise. The stamp benefits with state dollars for those who the way the state’s medical training and edu- money is earmarked to increase per diem are ineligible because they are not citizens. cation trust fund is managed and its eligibil- payments to long-term care facilities, which That option requires states to pay for the ity requirements. One of the changes makes means pay increases for some 40,000 nursing value of the food stamp benefits, plus the doctors of chiropractic medicine eligible for home employees. federal government’s cost for providing the medical education grants, after evaluation by The state funding triggers federal match- option. the commissioner of health and the medical ing funds and additional private pay revenue Counties are required to use the same in- education and research costs advisory group so that an estimated total of more than come, budgeting, and benefit allotment regu- and approval by the Legislative Commission $25 million is generated for nursing home lations for the state’s new Minnesota Food on Health Care Access. salary increases. Assistance Program as for the federal food Another provision requires the health de- The nursing home spending is part of an stamp program. partment to conduct a study of the way the effort to stabilize the workforce at nursing Another nearly $3.8 million in the new law medical education and training fund is man- facilities. Low wages among most nursing helps extend the food supplement to legal aged and the way grants are distributed. The home employees, coupled with bountiful job non-citizen families on MFIP-S, which is the results of that study must be returned to the opportunities in other fields in the current state’s main welfare reform initiative. Legislature by Dec. 15, 1998. (Art. 1, Sec. 3; booming economy, have made it difficult for A cash benefit equal to $63 a month, which Art. 2, Secs. 5-8, 106) nursing homes to attract and retain workers. was designated to replace the value of the The state pays nursing homes a per diem food stamps lost when non-citizens became Food safety for each resident based on location, property ineligible for the federal food stamp pro- There is also $2.5 million included in the costs and taxes, patient care needs as deter- gram, was scheduled to end June 30, 1998. new law for a Department of Health food mined by the case mix system, and other The new law extends the benefit for another safety initiative. operating costs. year and also makes legal non-citizen fami- The money is targeted at state efforts to Under the law, per diem payments in- lies who are on MFIP-S eligible for this ben- improve food safety and to protect against crease by 3 percent to pay nursing home efit, regardless of whether they were state food-borne illness. workers. Management fees, administrators’ residents as of July 1, 1997, as previous law Increasingly, fruits and vegetable are im- salaries, and central office salaries are ex- stipulated. (Art. 1, Sec. 2; Art. 6, Secs. 16, 37) ported, and roughly half of food dollars are cluded from the increase. spent eating in restaurants, where food can The law also provides a total of $11.6 mil- Medical education be improperly handled or stored. lion for similar 3 percent salary increases for The new law devotes an additional $10 Dr. Michael Osterholm, state epidemiolo- a range of other care providers, including million to medical education and research gist for the Minnesota Department of Health, personal care workers, waivered service pro- during fiscal year 1999. told legislators during the 1998 session that viders, various therapy providers, and staff Effective July 1, 1998, the money goes into the supposed 6,000 to 8,000 annual deaths members at intermediate care facilities for a trust fund which is used to make available connected with contaminated food are people with mental retardation and related grants to train medical practitioners and to underestimated. conditions. (Art. 1, Sec. 2; Art. 3, Secs. 4, 15) support research projects. Osterholm also has said that at certain The new law also makes some changes to times of the year nearly 100 percent of fresh Helping legal immigrants Effective July 1, 1998, new provisions pro- vide funds to help the thousands of legal immigrants in the state who are not eligible for the federal food stamp program. About $5.4 million is marked to provide food stamps for legal non-citizens. The funds are for a one-year, state-funded program for legal non-citizens who, if not for their citizenship status, would otherwise be eligible for federal food stamp benefits. The program is to provide food assistance to legal non-citizens who are not on Minne- sota Family Investment Plan-Statewide (MFIP-S), which allows families to accept lower-paying jobs and to continue receiving some state aid while working toward the goal of getting off public assistance. The federal Welfare Reform Act of 1996 made non-citizens ineligible for the federally funded food stamp program, but the federal 1997 Emergency Supplemental Appropriations Nursing home health care workers will see their paychecks grow by 3 percent, under a new health and human services finance law. Act gives states the option to purchase food

42 Highlights

fruits and vegetables available in Minnesota bursing health care providers for screening Donating ‘distressed’ foods are grown in developing nations. He has said and medical testing. (See Government, page 34) if that produce were purchased by Americans Another $400,000 is for technical assis- Government data practices abroad, they would be advised to boil and tance and outreach at the state level. (Art. 1, peel it before eating. But at home, those Sec. 3) (See Law, page 46) precautions are not followed. Minnesota counties contribute Effective July 1, 1998, the money is avail- Stopping STDs (See Local Government, page 49) able as part of the department’s supplemen- Effective July 1, 1998, a total of $300,000 is tal budget. (Art. 1, Sec. 3) devoted to efforts to treat and prevent the Making vehicles available spread of sexually transmitted diseases. (See Transportation, page 56) Consumer health assistance Of that amount, $100,000 is to conduct a No funds for aging needs, study If you have complaints or concerns about statewide study assessing the prevalence of (See Vetoed Bills, page 66) the care you receive under your current health STDs and to plan a strategy for treatment and plan, where do you turn? Minnesota health prevention. Another $150,000 is for the health plan companies and health care profession- department to conduct research — perhaps als are governed by more than 20 boards and in conjunction with the University of Minne- INDUSTRY oversight bodies. sota and nonprofit clinics — on the spread of Effective July 1, 1998, people confused or STDs among high-risk populations. And Electric industry study unhappy about their health plan have a one- $50,000 is available to conduct screenings for Effective April 10, 1998, a new law directs stop place to call, under a $100,000 provision STDs at no cost to patients who participate in the existing Legislative Electric Energy Task in the new law to establish an office of health research projects. (Art. 1, Sec. 3) Force to analyze specific issues relating to care consumer assistance, advocacy, and potential restructuring of the electric information. Work barrier removal resolution industry. Preceding this provision was a 1997 law, The law sets forth nine topics and related the Patient Protection Act, which aimed to A resolution asking the U.S. Congress to questions to be addressed by the task force. prevent health plan companies from inter- remove Medicaid policy barriers to employ- Among other things, the task force is di- fering with the medical professional-patient ment for people with disabilities was filed rected to study potential benefits and costs of relationship, and to provide patients with with the Office of the Secretary of State with- implementation of retail electric competi- accurate information about their health plan out the governor’s signature. tion to rural, low-income, residential, small and health plan companies. The resolution states that current govern- business, and commercial and industrial en- The 1998 measure stipulates that the office ment policies, particularly those relating to ergy consumers. will have no regulatory power, but it will have Medicaid, discourage people with disabili- The analysis must consider the ability of a broad range of duties. It will assist consum- ties from working. these consumers to participate in and benefit ers who have complaints or questions about It urges Congress to adopt Medicaid buy- from restructuring and other changes that their health plans or health care provider. It in legislation that allows people with perma- could come from deregulation of the also will help them understand their legal nent disabilities to retain Medicaid coverage industry. rights and how to get appropriate health care to address certain health care needs when The task force also must examine various referrals. they become employed. other issues such as safety and maintenance This office will be part of the Department Employee-based health care and govern- concerns and must analyze laws and regula- of Health. The state commissioner of health ment programs such as Medicare and tions that could prevent Minnesota utilities is to appoint an executive director, and the MinnesotaCare typically do not cover long- from competing fairly in an open market. organization is to have at least nine con- term support needed by many people with The Legislative Electric Energy Task Force sumer advocates to perform the duties of the disabilities. consists of 10 House members and 10 Senate office. (Art. 1, Sec. 3; Art. 2, Secs. 1, 15-17) The resolution also states that a viable members. Part of its mission is to analyze Medicaid buy-in plan should require indi- issues relating to the deregulation of the elec- Fighting cancer in women viduals to take advantage of affordable em- tric industry and make recommendations to The new law provides $1.25 million to ployer-based health coverage, if available, the Legislature. improve screening and diagnostic services and should require individuals to purchase The new law also stipulates that while con- for breast cancer and other forms of the Medicaid coverage on a sliding fee scale, based ducting the review and analysis of restructur- disease that commonly affect women. This on their ability to pay. ing, the task force must consult with affected money replaces recent cuts in federal fund- Rep. Lee Greenfield (DFL-Mpls) and Sen. and interested parties. ing for this program. Becky Lourey (DFL-Kerrick) sponsored the In March 1998, the Clinton administra- The money is specifically targeted to help resolution. tion unveiled a proposal to bring competi- “underserved” women — those often cut off HF3258/SF2699*/Res. 7 tion and consumer choice to the electric from affordable medical treatment — and to industry. The plan would require states to improve screening rates among all women. Red Cross volunteers decide by Jan. 1, 2003, if they would open Effective July 1, 1998, a total of $855,000 in (See Government, page 34) retail service to competition, require utilities grant funding is available to assist local boards to disclose information on a standard con- of health in providing outreach and in reim- sumer label, and provide matching funds to

43 Highlights

states for low-income assistance, energy effi- also requires long-distance providers to give underground facility that was abandoned or ciency programs, and use of renewable en- price information on specific calling patterns out of service after Dec. 31, 1998. ergy sources. to consumers. And a provision, effective June 30, 1998, The Clinton administration claims its pro- Long-distance companies also must pro- allows the commissioner of public safety to posal would save American consumers $20 vide upon request — or when soliciting cus- appoint a pipeline advisory committee. billion a year and reduce greenhouse gas tomers — information on the price range of That discretionary advisory committee emissions. services, minimum volume requirements, replaces the Pipeline Safety Advisory Coun- But critics have raised concerns. One is termination charges, and other fees. cil, and is governed by the statute pertaining that unless the average consumer is con- to advisory councils and committees rather sulted and has a chance to voice an opinion, Biomass fuels than administrative boards and agencies. industrial users will enjoy the benefits of A separate provision, effective April 1, 1998, One key difference between the two is that deregulation and small electric customers amends the fuel exemption for biomass- members on advisory councils and commit- could possibly wind up subsidizing the cost fueled power plants selected to satisfy the tees serve at the pleasure of the appointing of the effort. biomass mandate. authority. Members of the current council Some critics also believe the Clinton pro- Previous law provided the that biomass- may only be removed for missing three con- posal would help protect the environment fueled power plants selected to satisfy the secutive meetings or for cause, after notice and help low-income customers, but that too mandate could use non-biomass fuels for up and a hearing. much authority would be concentrated at the to 25 percent of their fuel. The new law The new committee must, at a minimum, federal level. provides an expansion so that when biomass consist of representatives of the hazardous Supporters of the new state law have said fuel sources are not reasonably available to liquid pipeline industry, the gas distribution that if Minnesota doesn’t address restructur- the facility because of flood, fire, drought, industry, the gas pipeline industry, the pipe- ing issues, the federal government will do it disease or other acts of God, the power facil- line design and construction industry, state in place of the state. ity can exceed the exemption without penalty or local government, and the general public. Rep. Loren Jennings (DFL-Harris) and Sen. or a charge against its normal 25 percent Rep. Dennis Ozment (R-Rosemount) and Steven Novak (DFL-New Brighton) spon- exemption. Sen. Steven Novak (DFL-New Brighton) sored the measure. Rep. Loren Jennings (DFL-Harris) and Sen. sponsored the legislation. HF3654*/SF3189/CH380 Steven Novak (DFL-New Brighton) spon- HF3324/SF2445*/CH348 sored the legislation. HF3042*/SF2797/CH345 Protecting telephone customers Using professional titles A new law aims to provide additional pro- Pipeline excavation notices Industrial hygienists and safety profession- tection to Minnesota telephone customers als — people hired to make work environ- from unauthorized switching of long-dis- A new law makes a distinction between ments safer — will become members of legally tance telephone carriers. information needed before a pipeline exca- recognized professions, under a new law, “While most long-distance providers con- vation and information needed before a land effective Aug. 1, 1998. duct their business in an ethical, above-board survey when notifying the Gopher State One- The law prohibits people who do not meet fashion, there are some that unfortunately do Call excavation notice system. The provision certain requirements from using specific titles, not,” Gov. Arne Carlson said in a news re- is effective Aug. 1, 1998. including certified industrial hygienist, certi- lease. “In signing this legislation, we are now Current law requires these notices to con- fied safety professional, and construction able to give Minnesotans protection from tain the same information. The new law re- health and safety technologist. unscrupulous carriers.” moves language pertaining to anticipated Only those who have attended an accred- Current law forbids the providers from the discharge of explosives when only a survey is ited college or university as required for cer- practice of “slamming,” or switching being done. The new law also requires notice tification and received the proper certification customers without their authorization. The of the estimated duration of the excavation. may use those professional titles. For in- new law adds protections against slamming, The Minnesota Pipeline Safety Act of 1987 stance, a certified industrial hygienist must including tape recording or oral mandated the establishment of a one-call pass a test by the nonprofit American Board authorizations. notification center for facility operators, of Industrial Hygiene and maintain that cer- The long-distance providers must be able to which became the Gopher State One-Call. tification in order to use the title. provide proof that a customer authorized a That act included definitions and require- The restrictions do not apply to properly change in carriers upon complaint of the cus- ments for notices given by excavators and supervised apprentices or students, or to tomer. If the provider is unable to produce a underground facility operators. people practicing industrial hygiene and safety written statement or a tape recording indicat- Underground facility operators include who work under a state or local license and ing the customer authorized the change, the those who operate electricity, power, heat, do not use any protected title. carrier must pay the cost of returning the gas, oil, water, and other underground lines Rep. Alice Seagren (R-Bloomington), who customer to the original service and the cost of or facilities. sponsored the proposal in the House, said any of the customer’s long-distance calls dur- The new law also requires, as of the law not only protects the professionals, ing the unauthorized period. Jan. 1, 1999, that operators maintain maps, but furthers public health and safety by en- The new measure, effective July 1, 1998, drawings, diagrams, and other records of any suring quality work.

44 Highlights

Sen. Sheila Kiscaden (R-Rochester) spon- Defining ‘chronically ill’ The law expands an existing law that did sored the measure in the Senate. not include the affiliates. It will prevent, for HF668*/SF668/CH288 A new law tightens the definition of example, a realty company from providing a “chronically ill” for long-term care insurance home buyer discounted premiums on TAP expansion vetoed purposes in Minnesota. homeowner’s insurance from an insurance (See Vetoed Bills, page 61) Effective March 24, 1998, a chronically ill company affiliate of the realty company. individual is defined as someone who is “un- That practice is known as “rebating,” and Jobs, housing, development able to perform, without substantial assis- it does not help the consumer, according to (See Vetoed Bills, page 62) tance from another individual, at least two House sponsor Rep. Greg Davids (R-Preston), activities of daily living for a period of at least who owns and operates an insurance agency. 90 days due to a loss of functional capacity” “It really disrupts the process. Insurance is INSURANCE or who requires “substantial supervision to not something you just go give away free,” he protect the individual from threats to health said, adding that the bill has the support of MCHA cap increased and safety due to severe cognitive the insurance industry. “It basically says you impairment.” can’t be an insurance agent enticing people The maximum lifetime benefit for people Those definitions existed in prior law, but by giving away free policies for rebate.” who get their health coverage through Min- another less-specific provision said that any- Insurance is an important commodity that nesota Comprehensive Health Association body with a disability of similar level could ought to be bought with careful consider- (MCHA) increased from $1.5 million to also be called chronically ill. The new law ation, and the insurance agent is supposed to $2 million, under a new law, effective eliminates that provision. explain complicated parts to the client, he March 19, 1998. The clearer definition is expected to make said. The change was necessary to address the it easier for insurance companies to deter- Sen. John Hottinger (DFL-Mankato) spon- needs of a southern Minnesota boy who suf- mine eligibility for long-term care benefits. sored the legislation in the Senate. fers from Melnick-Needles Syndrome, a bone Rep. Stephen Wenzel (DFL-Little Falls) HF3402/SF2928*/CH375 and cartilage disorder. The boy requires a and Sen. Deanna Wiener (DFL-Eagan) spon- full-time nurse, specialized equipment, fre- sored the legislation. quent hospital visits, and medications. HF3432/SF2659*/CH328 Reinsurance investment options A 1995 law moved the cap on MCHA benefits from $1 million to $1.5 million be- Reinsurance intermediary brokers, who cause the boy’s medical expenses were ap- Medical equipment, supplies hold money for insurance companies on a proaching the limit, and he was at risk of short-term basis, have more investment op- A new law, effective Jan. 1, 1999, stipulates being cut off from coverage. tions for the funds they hold, under a new that any health plan that covers durable medi- This year, the child was closing in on the law, effective Aug. 1, 1998. cal equipment may not exclude coverage of $1.5 million maximum. Also, supporters of Under previous law, the brokers could devices that are not used in the home. the new law said $2 million has become the invest the money only in bank trust accounts. For instance, a plan may not refuse to standard limit for lifetime health benefits. The new law allows them to also invest in cover a wheelchair that is needed at work but The Legislature created MCHA in 1976 to federally guaranteed short-term securities or not at home. sell insurance to state residents who have any other investment deemed proper. In addition, health plans are required to been turned down for insurance due to pre- Investments must be traded on a national tell members and prospective members the existing conditions. securities exchange and may include munici- nature of the coverage for durable medical The organization is not funded by the state, pal and corporate bonds. equipment, level of coverage available, pro- except for appropriations to reduce the as- The reinsurance broker can take advan- cedures for prior authorizations, and an ad- sessments for fiscal years 1998 and 1999. tage of the new investment opportunities dress or telephone number of someone with Premiums are collected from participants only with written permission from the insur- the plan that the member can call to get and from an annual assessment on insurance ance company for whom the broker holds information, either orally or in writing, on companies, health maintenance organiza- the money. The reinsurance broker is re- what’s covered and not covered. tions, and other insurance providers. sponsible for any losses on the investments. Rep. David Tomassoni (DFL-Chisholm) The boy could have been forced onto the At least half the money invested must be and Sen. Leo Foley (DFL-Anoka) sponsored government-funded Medical Assistance pro- invested in bonds that mature in no more the new measure. gram, had the MCHA coverage limit not than 120 days. The investments must em- HF2814*/SF2130/CH334 been increased. phasize “safety, liquidity, and diversification,” The new measure was sponsored by Rep. according to the new law. Money must be John Dorn (DFL-Mankato) and Sen. No rebates on insurance available to remit to the insurance company Deanna Wiener (DFL-Eagan). on a timely basis. Insurance companies and their affiliates in HF3065/SF2608*/CH293 Rep. Stephen Wenzel (DFL-Little Falls) Minnesota may not sell insurance coverage and Sen. Steven Novak (DFL-New Brighton) to a particular customer at a discount when sponsored the legislation. that customer’s risk is identical to those HF2750/SF2262*/CH323 charged the normal rate, under a new law, effective Aug. 1, 1998.

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New investment options legislative track of enacting complicating One such provision addresses Minnesota minutiae, and poorly balancing the public’s Family Investment Program-Statewide A new law, effective Aug. 1, 1998, gives ‘right to know’ with citizens’ rights to pri- (MFIP-S) data. MFIP-S, instituted by last some insurance companies more flexibility vacy,” Carlson wrote. year’s welfare reform legislation, allows fami- in investing their assets. The most notable provision in the new law lies to accept lower paying jobs while receiv- Under the new law, “financially strong” allows the Legislature to subpoena county ing some public assistance. The new law insurers are allowed to choose to be governed child protection workers. authorizes the flow of information between by the new provisions rather than by current The new law came as a result of legislators’ agencies administering the program to pro- state insurance laws, which remain in place. attempts to reform the state’s child protec- vide the services more efficiently. To use the new investment options, insur- tion system in the wake of 3-year-old The new law also permits the Department ers are required to have a minimum of Desi Irving’s death in Minneapolis. of Economic Security to provide informa- $2 billion in total assets and a total capital and Last year, Mildred Irving pleaded guilty to tion on potential employers to the state’s surplus of $200 million. second-degree murder in her daughter’s Workforce Centers. The information is to be Insurers who qualify and decide to invest death. She admitted to the court that she used to help match potential employers with under the new law could invest in anything repeatedly hit Desi with an extension cord, those seeking employment. within a standard considered by the broke one of Desi’s arms, and punched her in The law also authorizes, effective Aug. 1, company’s board of directors, subject to an the abdomen so hard that the child’s liver was 1998, the release of names and addresses internal control system. The companies must lacerated. The autopsy results showed that from motor vehicle registration files to com- have a written investment policy. Desi had suffered numerous broken bones, munity-based nonprofit organizations for The commissioner of commerce could re- had cigarette burns and many other scars, public safety purposes. quire information from insurers, and the and had been suffering from malnutrition The bill was sponsored by Rep. commissioner could hire an expert to review before her death. Mary Jo McGuire (DFL-Falcon Heights) and an insurer’s investments. The commissioner The brutality of Desi’s death was accented Sen. Don Betzold (DFL-Fridley). also could order insurers to change their by the fact that evidence shows that the Irving HF1626/SF1378*/CH371 investments. family had been in contact with Hennepin Rep. Ann H. Rest (DFL-New Hope) and County’s child protection services. A health care directive Sen. Deanna Wiener (DFL-Eagan) sponsored Legislators sought to make sure that chil- the measure. dren like Desi were protected in the future. Effective Aug. 1, 1998, Minnesotans have a HF3355/SF3032*/CH319 Attempts to bring Hennepin County case- new way to ensure that their wishes are car- workers to testify before the Legislature failed ried out by health care providers. Public employee insurance plan due to data privacy issues. Caseworkers ex- The new law, sponsored in the House by (See Government, page 32) pressed a desire to disclose the facts of the Rep. Dave Bishop (R-Rochester), is based on ‘Off-label’ drug coverage case. However, they feared losing their jobs if the recommendations of a working group (See Health, page 36) they broke the data privacy law. the Minnesota State Bar Association spon- The new provision, effective April 10, 1998, sored to review existing law on health care No break on auto premiums provides an exemption to current data pri- decision-making and to suggest ways to make (See Vetoed Bills, page 64) vacy law for child protection in the case where the laws more effective. The group was made the information is subpoenaed by a standing up of government officials and representa- legislative committee. The provision is to tives from health care organizations, con- LAW remain in effect only until July 1, 1999. sumer groups, and ethical and religious The governor expressed concern in his organizations. Government data practices letter about this provision. Under existing law, a patient can create a “Although I am a staunch advocate of open- document called a living will designating the Gov. Arne Carlson has allowed a measure ing up court records for juvenile proceedings care to be received if he or she cannot com- calling for several changes in information when necessary, the Legislature is simply not municate those wishes. In addition, a patient policy to become law without his signature. the government entity to conduct such in- can name a person as his or her durable He took the opportunity to comment on the vestigations,” Carlson wrote. power of attorney, which authorizes that per- changes in a two-page letter he filed with the Carlson stated he is concerned that the son to make health care decisions. The living bill. Legislature has not outlined adequate safe- will and durable power of attorney provi- The new law makes several changes in guards to ensure the protection of this infor- sions are in two separate statutes. Minnesota’s Government Data Practices Act, mation. He wrote that he is also concerned The new law combines the living will and which classifies information the state gov- that the provision sets a dangerous precedent the durable power of attorney into one docu- ernment collects as public or private. and that it violates the separation of powers ment called a health care directive. The mea- The governor wrote that the law lacks the between the legislative and judicial branches sure provides the criteria necessary for a comprehensive reforms that are necessary to of government. directive to be valid. address the problems with the data practices The new law also contains several provi- The new law dictates that a living will or law. sions, effective Aug. 1, 1998, which attempt durable power of attorney document created “The current bill does not address sub- to make the transition from welfare to work under previous law will remain in effect, stantive reforms, but rather continues the easier. unless the patient chooses to replace the old

46 Highlights

document with a new health care directive. countants to ensure ethical behavior, accord- idea was brought to him by members of a Bishop said that he brought the proposal ing to the governor. family in his district who felt the process was forward to make an already existing process “Granting this law’s special protection to being abused by a nursing home caring for easier. He said his plan should encourage the news media would be more palatable if it their father. more people to outline their health care wishes were a profession that adhered to a strict code Sen. Pat Piper (DFL-Austin) sponsored before it is too late. of journalistic conduct,” Carlson wrote. the measure in the Senate. Sen. Ember Junge (DFL-New Hope) spon- Rep. Matt Entenza (DFL-St. Paul) and HF1414/SF1151*/CH281 sored the new measure in the Senate. Sen. Richard Cohen (DFL-St. Paul) spon- HF2521/SF2050*/CH399 sored the new measure. Questions of law HF1668/SF1480*/CH357 Protection for news media A new law replaces the Uniform Certifica- tion of Questions of Law Act passed in 1967. Gov. Arne Carlson allowed a measure pro- Special guardians, conservators viding new protections for the news media to The 1967 measure authorized the Minne- become law without his signature. A new law refines the special guardian and sota Supreme Court to answer questions of However, the governor did take the op- conservator hearing process to prevent po- law submitted to it by outside jurisdictions, portunity to comment on what he referred to tential abuse. such as other state courts or the federal courts. as a “disturbing trend” in journalism in a Guardians and conservators are appointed The law also gave the Supreme Court the letter filed with the bill. by the state courts to make decisions for power to submit questions to outside Effective April 7, 1998, the new law ex- adults who are incapable of making decisions jurisdictions. pands the current media shield law by guar- for themselves, oftentimes the elderly in nurs- Such questions arise in cases where the law anteeing protection for reporters’ notes and ing homes. in the outside jurisdiction does not directly tapes except in certain instances. The new Special guardianships and conservator- address the question, or where the appellate measure outlines when these materials can ships differ in that they are temporary courts in the outside jurisdiction have not be subpoenaed. arrangements designed to respond to short- themselves ruled on the question. Carlson, in his two-page letter, wrote that term situations. The new law, effective Aug. 1, 1998, re- while the freedom of the press must be main- Effective Aug. 1, 1998, the new law length- writes the 1967 law and makes several changes. tained, he is concerned about the lack of ens the time required to give notice of hear- Most notably, the measure adds U.S. territo- accountability in journalism, especially with ings related to special guardianships and rial courts, tribal courts, and courts in Canada investigative journalism. conservatorships from 24 hours to 48 hours and Mexico to the list of jurisdictions autho- “News organizations often justify their and requires that the hearing be held within rized to submit and receive questions. activities based on the public’s ‘right to two weeks of the notice. Rep. Andy Dawkins (DFL-St. Paul) and know,’” Carlson wrote. “It is ironic, how- The law also requires that petitioners show Sen. Jane Ranum (DFL-Mpls) sponsored the ever, that the media seldom extend that right a clear need for the appointment. It also legislation. to the way they do business.” limits these appointments to 30 days. HF1554/SF1440*/CH255 Journalists have no boards of professional Rep. Rob Leighton (DFL-Austin), House responsibility like lawyers, doctors, and ac- sponsor of the new measure, said that the Correcting minor mistakes Minnesota statutes now name the correct national organization that certifies acupunc- turists, all because of a new law passed by legislators. Recently, the National Commission for the Certification of Acupuncturists in Wash- ington, D.C., changed its name to the Na- tional Certification Commission for Acupuncture and Oriental Medicine. The new law changes all references to this organization in Minnesota’s acupuncture law from the old name to the new one. This provision is one of many technical corrections contained in the three revisor’s bills enacted this year. The bills won easy passage in both chambers and were signed into law without the headlines that often accompany other new laws. These measures have the less-than-con- troversial intent of correcting all the minor Journalists’ notes and tapes are now covered under Minnesota’s media shield law, which protects the mistakes — misspellings, typos, grammati- news media from disclosing their sources, except under extreme circumstances. cal errors, and misnamed organizations —

47 Highlights

included in about 150 laws passed in 1998 Rep. Edgar Olson (DFL-Fosston) and Emergency construction project and laws currently on the books. Sen. Jim Vickerman (DFL-Tracy) sponsored The revisor’s bills are put together by the the legislation. A new law exempts an emergency con- Office of the Revisor of Statutes, a nonparti- HF3119/SF2685*/CH269 struction project in Ada, Minn., from the san office that provides bill drafting services competitive bidding process. to legislators, the governor, constitutional The measure, effective Feb. 26, 1998, ac- officers, and the state agencies and depart- City council controls process celerates the reconstruction process for the city-owned Bridges Medical Center, which ments. Attorneys and editors who work for A new law clarifies that the Minneapolis was condemned following extensive damage the revisor frequently come across minor City Council can outline the appointment from 1997 flooding. mistakes in the law that need to be addressed. process for the executive director of the Min- The 14-bed hospital, forced to operate in a The revisor’s bill containing the provi- neapolis Civilian Police Review Authority. temporary location after the flood, offers a sions related to the acupuncture organiza- The independent authority is charged with wide variety of medical services to Ada and tion (HF2524*/SF2134/CH254) was investigating police misconduct and making the surrounding communities. Construction sponsored by Rep. Satveer Chaudhary (DFL- disciplinary recommendations to the chief of on a new facility is targeted for summer 1998. Fridley) and Sen. Don Betzold (DFL-Fridley). police. The authority is governed by a board Rep. Bernie Lieder (DFL-Crookston) and The other two revisor’s bills (HF3839/ of directors appointed by the mayor and the Senate Majority Leader Roger Moe (DFL- SF3396*/CH408 and 1998 Special Session: city council. Erskine) sponsored the legislation. HF7/SF8*/CH3) were sponsored by Rep. Wes The new provision is effective upon final HF2372*/SF2017/CH256 Skoglund (DFL-Mpls) and Sen. Jane Ranum approval by the city council. (DFL-Mpls). Another provision, effective April 21, 1998, repeals a law which stated that cities of the Registering dogs at city hall Franchise law exemption first class — Minneapolis, St. Paul, and Duluth (See Business, page 14) — could not employ firefighters who are Dakota County dog owners whose pets are Professional service providers 35 years old or older. deemed dangerous will have to register their animals at city hall, rather than at county (See Business, page 15) Rep. Linda Wejcman (DFL-Mpls) and Sen. Carol Flynn (DFL-Mpls) sponsored the offices. Liability limits for nonprofits legislation. State law requires that once a dog owner is (See Crime, page 19) HF2357/SF2346*/CH393 issued a dangerous dog citation by police or animal control officers, the owner has Marvin Windows and Doors (See Special Session, page 60) Audited financial statements Higher education funding cut A copy of a city’s audited financial state- (See Vetoed Bills, page 65) ment, a management letter, and any written Medical malpractice lawsuits comments or findings must be given to elected (See Dead Bills, page 75) city officials within 30 days after the report is submitted to the state auditor, according to a new law. The audited statement also must be pro- LOCAL GOVERNMENT vided at a scheduled meeting of the city coun- cil or town board before Oct. 31 of the year of Removing conflict of interest the report. Government officials in villages, cities, or Previously, only the initial financial report counties with less than 1,000 in population had to be presented, not the audited are allowed to sell construction materials and statement. services to the governmental unit, under a The new law originated when citizens of a new law. Minnesota city with financial problems re- Effective March 6, 1998, government offi- quested to see the city’s audited financial cials in such municipalities can participate statement. The city didn’t have one; it had only when the sealed-bids process is used. only the initial financial report. The officials cannot vote on the contract The law, effective Aug. 1, 1998, applies to when it is under consideration. cities and towns with a population of more Often in such small towns, there are few than 2,500 and annual revenues of more than companies that can provide construction and $500,000. landscaping, and sometimes those businesses Rep. Dan McElroy (R-Burnsville) and are owned by local government officials. Sen. Deanna Wiener (DFL-Eagan) sponsored The new law seeks to allow small cities and the legislation. HF2809*/SF2791/CH276 A new law changes the procedure for registering towns access to local services without creat- dangerous dogs in Dakota County in an attempt ing a conflict of interest. to simplify record-keeping.

48 Highlights

14 days to register the pet with his or her then re-elected in 1990 and 1994. Her cur- Rep. Bill Hilty (DFL-Finlayson) and county auditor’s office. rent term expires at the end of 1998. Sen. Becky Lourey (DFL-Kerrick) sponsored In Dakota County, that meant that all such County Administrator Jim Thoreen said the measure. registrations went through the combined trea- Trippler is likely to retire. And, he said, the HF2736*/SF2205/CH368 surer/auditor department in Hastings, Minn. county board could choose a qualified re- But under a new law, effective the day after placement, something that might not hap- the county completes the necessary paper- pen with an election. Recording real estate matters work, cities in Dakota County will be With local approval of the change in proce- County recorders and registrars will have handling dangerous dog registrations. The dure, the county’s next recorder would be more ways to record matters relating to the county is to continue to oversee registration appointed by the board after a public hearing. registration of real estate, under a new law in towns, but the oversight will be assumed Rep. Loren Jennings (DFL-Harris) and effective Aug. 1, 1998. by the county sheriff’s department. Sen. Janet Johnson (DFL-North Branch) The county recorder’s official seal can be “We felt that it was a law enforcement issue sponsored the measure. put on a document by a stamp that copies to begin with,” said Shari Fink, of Dakota HF2790/SF2384*/CH302 photographically or electronically, or with a County’s treasurer/auditor department. printed copy of the signature. “Now cities will be able to keep their own Elected post becomes appointed When a county recorder’s official signa- records instead of having to call us to see if the ture, or that of a deputy, is required, an dog was registered.” The treasurer/auditor for Dakota County, electronically generated copy may be used. Fink said she suspects that other counties, for a long time one of the fastest-growing That official signature is to include the words, once they hear of Dakota County’s change, counties in the state, may change from an “Office of the County Recorder, . . . County, will be interested in following suit. elected post to an appointed one, under a Minnesota, certified, filed and/or recorded Rep. Dan McElroy (R-Burnsville) and new law effective upon local approval. on,” the date and time. Sen. James Metzen (DFL-South St. Paul) The current county treasurer/auditor is County recorders can use new ways to sponsored the legislation. Tom Novak, who was elected in 1978. store all those official records and informa- HF2616*/SF2255/CH277 Novak likely will serve out his term, which tion as long as it’s still accessible to those who expires in the fall of 1998. Then, the county need it. The information must be stored in A simple majority board will appoint a new department head to such a way that it is preserved, also. perform the duties of the treasurer/auditor. Registrars of titles also can use an official A countywide vote to change the form of a The county board ratified the change seal, signature, and the same alternative meth- county government now requires a simple March 24, 1998, and the move will be perma- ods for storage, as long as they adhere to the majority, under a new law. nent but subject to the approval of the county’s same conditions. Prior law was generally interpreted to re- voters, who will have the chance in a referen- Rep. Phyllis Kahn (DFL-Mpls) and quire referenda of this sort to follow the same dum to overturn the board’s decision. Sen. Don Betzold (DFL-Fridley) sponsored procedures for a vote to move the county The county treasurer/auditor handles taxa- the new measure. seat, which requires 55 percent approval. But tion, investments, marriage licenses, pass- HF3254/SF2725*/CH314 there was some question of whether that ports, and records of births and deaths. 55 percent requirement applied to the county County spokesperson Marie Coutu said the option of changing the form of government. county asked the Legislature for the new law Small-purchase limit increased The new law, effective April 3, 1998, states to improve the delivery of services and in- that a vote for the county option should crease efficiency. The Hennepin County Board can autho- follow the same guidelines for other county Rep. Thomas Pugh (DFL-South St. Paul) rize county departments to make more ex- ballot questions. These referenda require a and Sen. Pat Pariseau (R-Farmington) spon- pensive purchases without board approval, simple majority. sored the measure. under a new law effective Feb. 28, 1998. The measure was sponsored by Rep. HF2824/SF2281*/CH308 Under the law, the commissioners can William Kuisle (R-Rochester) and Sen. authorize individual county departments to Kenric Scheevel (R-Preston). make certain purchases not limited to a cer- HF2774/SF2302*/CH349 Minnesota counties contribute tain dollar amount without having to seek approval for each purchase. In 1995, the Legislature gave Minnesota The limit had been $250 for such pur- Chisago County recorder cities permission to contribute money to chases. The Hennepin County Board consid- nonprofit organizations running commu- ered asking for it to be raised to $1,000, but The office of recorder in Chisago County nity food shelves, and in 1998, counties were board members decided it would be more could become appointive rather than elective authorized to do the same. efficient to give county employees the discre- as early as next year, under a new law effective A new law, effective April 10, 1998, allows tion to make any purchases the board would upon local approval. any county to provide money from its gen- authorize anyway. The county recorder’s duties include tak- eral fund or any other unrestricted account Rep. Rich Stanek (R-Maple Grove) and ing care of land records, personal property to those nonprofit organizations that pro- Sen. Linda Higgins (DFL-Mpls) sponsored filings, and birth records. vide free food for those who need it. the measure. The current Chisago County recorder is The county board can determine how much HF2499*/SF2156/CH259 Eleanor Trippler, who was elected in 1986, money, if any, it wants to give.

49 Highlights

Nonprofit corporations equipment and other vehicles, only to own- services to either private or public-sector ers of tracts of land of at least five acres in size. agencies. That program will expire on A new state law permits Brown County Rep. Al Juhnke (DFL-Willmar) and June 30, 2002, after the council reports re- and other political subdivisions to create Sen. Dean Johnson (R-Willmar) sponsored sults to the Legislature. nonprofit corporations to help with economic the measure. The Metropolitan Council was created in development. HF2222*/SF1973/CH296 1967 and is responsible for regional planning The measure was filed with the secretary of in the Twin Cities metropolitan area. As one state without the governor’s signature. It Statewide capital improvements: of the largest regional governments in the empowers such nonprofit corporations to Convention centers country, it operates Metro Transit and coor- issue bonds, make grants to companies, and (See Bonding, page 13) dinates the rest of the regional bus system, to buy, sell, and develop property. oversees wastewater collection and treatment Gov. Arne Carlson allowed the measure to State government finance: facilities, and runs Metro Mobility, the tran- become law, but he clearly did not approve of Community-based planning sit system serving disabled metropolitan its content. (See Government, page 30) residents. “It gives local governments the power to Tornado disaster relief The law also allows the council to develop create entities with broader powers than the (See Government, page 34) service redesign plans aimed at reducing costs entity itself,” Carlson wrote, in a letter filed or projected cost increases. And it authorizes with the measure. “This is a dangerous prece- Olmsted County appointment the council to reward employees who imple- dent being established by the Legislature. (See Government, page 35) ment cost-saving measures, although the re- Moreover, these local entities — while hav- Real estate filing fees ward amounts cannot exceed the saved costs. ing greater powers than local governments (See Vetoed Bills, page 65) Rep. Dan McElroy (R-Burnsville) and — are not subject to some of the same legal Sen. Charles Wiger (DFL-North St. Paul) requirements such as open meeting laws, Residency requirements sponsored the measure. competitive bidding, the Data Practices Act, (See Dead Bills, page 75) HF680/SF535*/CH381 and the Ethics in Government Act.” Spraying for mosquitoes Carlson also was bothered by the expan- Metropolitan Council contracts sion of power to many other nonprofit cor- (See Dead Bills, page 76) porations, which he believes “has now opened Effective April 21, 1998, a new law requires the door to widespread misuse by these contractors with more than 40 full-time em- entities.” METRO AFFAIRS ployees in Minnesota to have a certificate of When introduced in the House, the mea- compliance from the Minnesota Department sure applied only to Brown County, but it Promoting public participation of Human Rights to bid on or be awarded any was amended to include similar corpora- Residents bothered by airport noise have a Metropolitan Council contract of $100,000 tions created elsewhere before June 1, 1997, further guarantee that they will be able to or more. by allowing them to continue to operate. voice their concerns about future airport Previously, the compliance thresholds were The budget of any such corporation must projects, under a new law. set at 20 full-time employees and applied to be made public, and if the corporation is The law requires that the Metropolitan contracts of $50,000 or more. going to spend $100,000, it has to be ap- Council determine that public hearing laws The human rights department was estab- proved by the county board. have been obeyed before it gives its stamp of lished in 1967 to combat discrimination and The new law is effective April 8, 1998, approval to certain large airport projects. promote equal employment opportunity for except for the section devoted to Brown Since 1984, the council has had authority women, minorities, and people with County, which is retroactive to July 10, 1990. to review all proposed Minneapolis-St. Paul disabilities. Rep. Elaine Harder (R-Jackson) and International Airport projects with a price Minnesota was the first in the nation to Sen. Dennis Frederickson (R-New Ulm) tag of $5 million or more and capital projects form a state agency that administers anti- sponsored the measure. at other Metropolitan Airports Commission discrimination efforts. The Compliance Ser- HF2700/SF2192*/CH360 (MAC)-owned airports that are $2 million or vices section of the department enforces the more. affirmative action provisions of the state equal Petitioning for cartways Effective April 21, 1998, the new law ex- opportunity and human rights law. tends that authority by requiring the council A certificate of compliance states that a Township residents who own two- to five- to determine, before approving a project, contractor has an affirmative action plan acre tracts of land without access to public that the MAC followed guidelines, including: approved by the department to deal with roads can petition the local town board for a providing adequate notice and a complete discrimination complaints, assure that em- cartway, as of March 19, 1998. description of potential projects; making ployment positions are equally accessible to A new law, which was filed without the available notices, agendas, and minutes of all qualified persons, and provide a support- signature of Gov. Arne Carlson, requires that related meetings; and considering the com- ive work environment regardless of race, re- the land be on record as of Jan. 1, 1998, as a ments of affected neighborhoods. ligion, sex, national origin, or disability. separate parcel for it to qualify. The law also sets up a pilot program under Following recommendations by the Depart- Previous law extended the right to petition which the Metropolitan Council could at- ment of Human Rights, the new law brings the for a cartway, which provides access for farm tempt to reduce costs by selling some of its Metropolitan Council contract compliance

50 Highlights

thresholds in line with newly revised state gov- ernment contract requirements. Under the measure, the department hopes to spend less time on certification paperwork and more time monitoring the implementa- tion of affirmative action plans out in the field. Rep. Andy Dawkins (DFL-St. Paul) and Sen. Charles Wiger (DFL-North St. Paul) sponsored the measure. HF3268/SF2645*/CH385

Innovative bike racks Gov. Arne Carlson signed into law a mea- sure that allows cities of the first class to place advertising art and informational signs on bicycle racks and storage areas. The new law, effective March 17, 1998, results from a desire by the Minneapolis City Bicycle racks in the Uptown area of Minneapolis are decorated to blend with the neighborhood’s Council to place decorated bicycle racks on trendy atmosphere. A new law allows cities of the first class to place advertising, public art, and every block in the Uptown neighborhood of informational signs on such stands. the city. support of peace, we won’t need any more the result of compromise on both sides,” she The city is trying to promote bicycle riding armies,” he said. said. “. . . In this bill, we provide about to ease parking and traffic congestion. City Sen. Lawrence Pogemiller (DFL-Mpls) $1.2 billion to be returned to the taxpayers of officials want to place art or signs on the racks sponsored the measure in the Senate. the state of Minnesota. This is a bill that will that would blend with the Uptown area’s HF2417*/SF2055/Res. 5 help all Minnesotans.” atmosphere that caters to a young clientele. Sen. Douglas Johnson (DFL-Tower) spon- The art and signs are allowed only if place- Emergency assistance compact sored the legislation in the Senate. ment does not create a hazard. That decision (See Government, page 34) HF3840*/SF2985/CH389 is left to the road authority that authorizes USS Des Moines the placement of the art or signage. Property tax rebates (See Dead Bills, page 68) The new measure was sponsored by The law provides a rebate for homeowners Rep. Dee Long (DFL-Mpls) and Sen. and renters equal to 20 percent of the prop- Allan Spear (DFL-Mpls). TAXES erty taxes paid in 1998, similar to the rebate in HF3296/SF2729*/CH283 effect for property taxes paid by homeowners Omnibus tax law and renters in 1997. The maximum rebate is $1,500 and is allowed as a refundable income MILITARY The 1998 omnibus tax law includes some tax credit to be claimed on the 1998 income tax relief for almost everyone — including tax return filed in 1999. NATO expansion resolution homeowners, renters, business owners, apart- The rebate for farm homesteads is based ment owners, cities building convention on the property taxes paid on the house, A resolution asking President Clinton and centers, charitable gambling organizations, garage, and 320 acres of farm land. The law Congress to support the admission of Po- and senior citizens. extends the rebates (for both 1997 and 1998) land, the Czech Republic, and the Republic The law provides $500 million in property to farm homestead land that is rented out. of Hungary to NATO was filed with the tax rebates to Minnesotans, but critics said (Art. 1, Secs. 1, 2, 3) Office of the Secretary of State without the that wasn’t enough and called for more of the governor’s signature. projected $1.9 billion state surplus to be re- Property tax reform A NATO expansion to include the three turned to taxpayers. Property taxes for homeowners, businesses, countries is anticipated in April 1999, pend- The measure’s supporters said some sur- and others are reduced under the law. ing U.S. approval. President Clinton sup- plus funds should be returned, some should The class rate for the second tier of residen- ports the expansion. be saved, and some should be used for major tial homestead property (market value over The Minnesota proposal was originally building projects. $75,000) drops from 1.85 percent to sponsored by Rep. Mike Jaros (DFL-Duluth), Rep. Dee Long (DFL-Mpls), chair of the 1.7 percent. Also for homeowners, the edu- who spent about two months translating for House Taxes Committee, sponsored the tax cation homestead credit is increased from NATO troops in northeastern Bosnia during legislation in the House and urged lawmak- 32 percent with a maximum of $225 to the summer of 1997. ers to support the final package produced by 68 percent with a maximum of $320. “My idea is that every country should join a House-Senate conference committee. The class rate of the first $115,000 in mar- NATO, and then once everybody is joined in “We’ve worked long and hard. The bill is ket value of agricultural homestead property

51 Highlights

decreases from 0.4 percent to 0.35 percent. The class rate on the market value over $115,000 and under 320 acres is reduced from 0.9 percent to 0.8 percent. The class rate on agricultural properties with a market value of more than $115,000 and over 320 acres decreases from 1.4 percent to 1.25 percent. There also is a reduction for owners of commercial and industrial property. Class rates on the value of that property up to $150,000 in market value drops from 2.7 percent to 2.45 percent. The upper tier, over $150,000 in market value, decreases from 4 percent to 3.5 percent. Owners of apartment buildings with four or more units will see their class rates drop from 2.9 percent to 2.5 percent. Owners of single-family rental houses will see their class rates go from 1.9 percent to 1.25 percent on the first tier of property value and from 2.1 percent to 1.7 percent on the A 2.5 percent sales tax on farm machinery, which includes logging equipment, will be phased out under the 1998 omnibus tax law. The tax will be completely eliminated after June 30, 2000. upper tier. The class rate on duplexes, triplexes, and mated market value of less than 60 percent of paid in 1999, which is the first year of the undeveloped land classified as residential the median value of owner-occupied homes deferral program. The 1998 application dead- drops from 2.1 percent to 1.7 percent. for the entire city. (Art. 3, Sec. 11) line is extended to Aug. 1, 1998. (Art. 5, The law also increases the portion of rent Secs. 1-17) recognized as constituting property taxes Truth in taxation from 18 percent to 19 percent. The law changes several dates for truth-in- Farm equipment sales taxes These property tax rate changes are effec- taxation hearings. The 2.5 percent sales tax on farm machin- tive for taxes payable in 1999. (Art. 2, For counties, the date previously was the ery, which includes logging and fish farming Secs. 8-11) second Tuesday in December. The new law equipment, is to be phased out. makes it the first Thursday in December. Under the new law, the tax drops to Flood losses The truth-in-taxation hearing for metro- 2 percent June 30, 1998, to 1 percent Counties that saw a reduction in property politan special taxing districts moves from June 30, 1999, and to nothing June 30, 2000. tax base of at least 5 percent because of the the first Monday in December to the first (Art. 8, Sec. 2) 1997 floods will get “replacement aid” equal Wednesday in December. The date changes to the tax base loss multiplied by the county are effective beginning with hearings in Convention centers, arenas government’s payable 1998 average tax rate. December 1998. (Art. 3, Sec. 13) The law also provides for sales tax exemp- Qualifying counties must report the tions for construction material for various amount of their tax-base losses to the com- Seniors’ property tax deferral building projects throughout the state. missioner of revenue by Aug. 1 of the assess- Senior citizens will not have to complete a It extends the sales tax exemption for pur- ment year. form every year to participate in a property chases of construction materials, supplies, or The provision is effective only for three tax deferral program for the elderly. equipment used in any expansion at the years — payable in 1999, 2000, and 2001. Once enrolled in the program, seniors need Duluth Entertainment and Convention Cen- (Art. 3, Sec. 10) only notify the state by July 1 if their income ter. That exemption was to have expired in the previous year was higher than $30,000, Dec. 31, 1998. This old house which is the limit for the program. Effective April 22, 1998, the same sales tax Owners of deteriorating homes needing at Information alerting taxpayers of the exemption goes into effect for the expansion least $20,000 worth of repairs in “marginal” senior deferral program will be in the prop- of the Minneapolis Convention Center and neighborhoods, are eligible for a five-year erty tax refund instruction booklet, begin- construction at the RiverCentre in St. Paul. exemption on their property taxes after they ning with those prepared in 1998, and on The latter will be the new home of the rehabilitate the home. property tax statements. National Hockey League’s Minnesota Wild, Effective Aug. 1, 1998, the program applies Under the program, seniors making less which will begin play in 2000. only to the cities of Minneapolis, St. Paul, than $30,000 a year can delay paying a por- The new law also grants Duluth permis- and Duluth, and lasts until May 1, 2003. tion of their property tax if it’s more than sion to raise its local lodging and restaurant Those homes must be in an area where the 5 percent of their income. The delay can last taxes from 1 percent to 1.5 percent to help median home value is less than 80 percent of until they sell the property. Then, it must be pay for improvements at the city’s conven- the median value of owner-occupied homes paid back with interest. tion center. The provision is effective upon for the entire city. Homes must have an esti- The change is effective for deferrals of taxes local approval. (Art. 8, Secs. 25, 26)

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Manufactured home sales tions, which applies to gross receipts less Property tax rebate The base used to calculate the sales tax for prizes paid, is cut by 5 percent effective a manufactured home, commonly known as July 1, 1998. (Art. 13, Sec. 3) Effective March 19, 1998, a new state law a mobile home, will change from 65 percent ensures that homeowners who prepaid their of the sales price to 65 percent of the dealer’s Federal update 1997 property taxes can claim a rebate al- cost of the home. The new tax law adopts for the state changes lowed under a law passed last year. Currently, the base for calculating the tax made by the federal Taxpayer Relief Act of The 1997 Legislature, flush with a pro- depends on whether the dealer acts as the 1997. jected $2.3 billion budget surplus, passed a builder. Under the new law, the tax will always Taxpayers will be able to deduct interest one-time tax rebate to give some of that be calculated based on the dealer’s cost. The on student loans for the first five years inter- surplus back to homeowners and renters. change is effective July 1, 1998. (Art. 8, Sec. 5) est is due on the loans. The maximum deduc- The rebate was linked to property taxes paid tion is $1,000 in 1998, $1,500 in 1999, $2,000 in 1997. Taxes on public entities in 2000, and $2,500 in 2001. However, that created a problem for those The law makes some changes in taxes as- The law also accommodates the federal who paid their 1997 property taxes before sessed against governmental units. These Education IRA, a $500 per beneficiary non- Jan. 1, 1997. Homeowners sometimes pre- changes are effective July 1, 1998. deductible IRA to be used for the beneficiary’s pay their taxes to claim an itemized deduc- The sales tax exemption enjoyed by schools higher education. tion for the previous year’s income tax. is expanded to include special schools owned Finally, the law shapes state statute to fit Under the 1997 law, people who prepaid by a political subdivision. The change is for the federal government’s new “Roth” IRA. were out of luck, because the measure limited Long Lake Conservation Center, an environ- Under the federal program, contributions payment of the rebate to those who paid their mental learning center in Aitkin County that are not deductible, but distributions are not property taxes in 1997. is owned by a metropolitan-area school taxed if funds are distributed at least five The new law allows the property tax rebate district. years after the account was established and to be paid to all taxpayers who paid their 1997 The law also expands an existing sales tax after age 59-and-a-half, death, disability, or property taxes before Jan. 1, 1998. exemption for some library purchases to cover for a first-time home purchase. The rebate is available to both homeowners all purchases by municipal and school Effective dates for the state changes match and renters. For homeowners, it comes to 20 libraries. those of the corresponding federal measures. percent of their property taxes, and for rent- Purchases of gravel and equipment by (Art. 7, Secs. 1-13) ers, 3.6 percent of their rent paid. Although townships exclusively for road maintenance the rebate is a property tax rebate, it is claimed are also exempt from sales tax. (Art. 8, Saving subsidized housing on the state income tax returns filed this year. Secs. 10, 21) The new law also seeks to preserve existing The rebate is separate from the regular prop- federally subsidized housing by providing a erty tax refund that many renters and Budget reserves $10 million appropriation to the Minnesota homeowners get in August of each year. The state’s budget reserve will be brought Housing Finance Agency (MHFA). Rep. Dee Long (DFL-Mpls) and Sen. to $622 million, and a tax reform and reduc- Some owners of federally subsidized hous- Douglas Johnson (DFL-Tower) sponsored tion account is established. ing are now taking advantage of a provision the new measure. The governor is to make suggestions to the in mortgage agreements that allows them to HF2294/SF2041*/CH304 Legislature on the tax reform and reduction prepay the remaining portion of their mort- account’s use. gage and to begin charging market rate rent. Per pupil funding After the $622 million in reserve, The $10 million funds the affordable rental (See Education, page 22) $200 million of surplus funds must be put in investment fund program and the equity take- Claiming education tax credits the tax reform and reduction account for tax out loan program administered by the MHFA. (See Dead Bills, page 70) reductions. The next $400 million of a future The appropriation is for financial incentives surplus must be used to help pay for capital to maintain existing federally subsidized Permanent income tax cuts projects in the 1998 bonding law, which housing. The incentives can be made avail- (See Dead Bills, page 77) spends a record amount on state building able to owners of federally subsidized rental ‘No-wait’ rebate projects. housing, local units of government, housing (See Dead Bills, page 77) These provisions are effective July 1, 1998. and redevelopment authorities, and nonprofit (Art. 9, Secs. 1-3) organizations. (Art. 14, Sec. 2) Property tax video Effective Aug. 1, 1998, the measure re- (See Dead Bills, page 77) Gambling taxes quires owners of federally assisted rental hous- Tobacco tax increase The law makes several changes to the tax ing to submit an impact statement to the (See Dead Bills, page 77) on lawful gambling. tenants, local units of government, and the The $12 million exemption from pari- MHFA at least 12 months before leaving a mutuel tax will not end June 30, 1999, as federal program. originally planned. Also, pari-mutuel license The statements must include the number holders don’t have to return the value of of units which will be affected, rent compari- unredeemed tickets after Jan. 1, 2000. sons, and actions the owner intends to take The tax rate on lawful gambling opera- to assist displaced tenants. (Art. 14, Sec. 6)

53 Highlights

be available to anyone who wishes to use it. Sen. LeRoy Stumpf (DFL-Thief River Falls) TECHNOLOGY Rep. Phyllis Kahn (DFL-Mpls) and sponsored the legislation. Sen. Steve Kelley (DFL-Hopkins) sponsored HF3854*/SF3406/Res. 8 Digital signatures the new measure. HF2706/SF2068*/CH321 State government finance: A new measure makes adjustments to a Settling border disputes one-year-old law intended to help bring Min- (See Government, page 31) nesota businesses into the Digital Age with a system for granting digital signatures the full TOURISM force of legal protection. TRANSPORTATION The 1997 Minnesota Electronic Authenti- Fishing dispute resolution cation Act, modeled after digital signature Transportation funding legislation in Washington state, allows for A resolution asking President Clinton and the full authentication of documents trans- the U.S. Congress to help settle fishing-rights Gov. Arne Carlson received many of the mitted between computers. It establishes a disputes between Minnesota and the Cana- extra state troopers he had wanted for two system for individuals who use electronic dian province of Ontario was filed with the years when he signed a $51 million omnibus messages to prove who sent the message and Office of the Secretary of State without the transportation plan into law. that the content of the message was not al- governor’s signature. The new law also allows the Department of tered after it was digitally signed. The resolution urges the federal govern- Transportation to spend up to $40 million on The digital signature process relies on a set ment to seek a solution to the border troubles new highway projects. And the law creates a of two cryptographic key codes built around that have spawned a proposal to allow task force designed to catch Minnesota resi- one-of-a-kind mathematical formulas known Minnesota’s Northwest Angle to secede from dents who illegally register their vehicles in as algorithms. One key, held privately by the the United States. neighboring states. user, encodes documents with a digital signa- The approximately 85 year-round residents Rep. Bernie Lieder (DFL-Crookston) and ture; the other is held in trust by a licensed of the Northwest Angle have complained for Sen. Janet Johnson (DFL-North Branch) public certification authority and is used by years about Canadian policies including fish sponsored the legislation. recipients to verify an encoded document’s limits, user fees, and border crossing permits Here is a look at major provisions of the integrity. that they say discriminate against U.S. new law. All of the provisions detailed below The 1997 law defines the rules of the digital anglers. are effective July 1, 1998. authentication system and charges the secre- The Northwest Angle, the northernmost HF3057/SF3298*/CH372 tary of state’s office with setting up a transi- spot of the continental U.S., is actually a tional public certification authority until peninsula on Lake of the Woods that is at- State troopers private sector firms, which must be licensed tached only to Canada. The governor had originally requested 47 and regulated by the secretary’s office, can According to Canadian law, tourists fish- additional state troopers and support staff at step in and take over the verification process. ing the two-thirds of the lake in Canada, and a cost of $5.25 million. In 1996, the governor The 1997 law also spells out the range of staying in Canadian resorts, may keep up to sought funds to hire an additional 46 state liability assumed by the system’s subscribers two walleye or sauger per day. But beginning troopers, but the Legislature approved only and provides penalties for acts of fraud. this summer, anglers staying at U.S. resorts enough funding for four state patrol At the request of a digital signature task will not be allowed to keep either of those fish dispatchers. force organized by the secretary of state, a if pulled from Canadian waters. Canadians Under the new law, there will be new law modifies some of the provisions say the regulations are needed because the $2.7 million in funding for 29 new state troop- adopted in 1997. species are overfished, but Americans say the ers, and there is $200,000 for additional state Effective Aug. 1, 1998, the new law makes Canadians are driven by a desire to force patrol helicopter flight time. the secretary of state the root certification tourists to stay at Canadian resorts. Legislators were told helicopter patrols, authority for the trusted third parties who U.S. Rep. Collin Peterson (D-Minn.) in- which are currently used only on Friday and will be licensed in Minnesota. The secretary troduced a constitutional amendment in Saturday nights, are perhaps the greatest single also is authorized to offer certification au- March that would let the Angle and nearby boost ground patrols receive in law enforce- thority services to government agencies, un- islands separate from the United States, al- ment efforts. The funding allows the patrols der the new law. lowing residents and tourists to enjoy the to fly during weekday evenings as well. Other new provisions add insurance cov- Canadian fishing privileges. The state patrol’s current complement is erage as a method for licensed certification Peterson said he sees secession as a long 535 troopers, including 37 that are expected authorities to provide suitable guaranties, shot but that he sponsored the proposal to to graduate from training soon. The new authorize the recognition of licenses issued bring attention to the plight of affected an- troopers would increase the allowable force by other states or countries, and give the glers. He also said the Canadian regulations limit to 564. secretary of state authority to summarily sus- violate a 1909 border-waters treaty and the pend licenses in emergency situations where North American Free Trade Agreement but Highway projects there is a serious risk of loss to the public. that the federal government has not taken A total of $40 million is appropriated from The changes do not alter the voluntary action to protect U.S. rights in the area. the trunk highway fund for highway con- nature of the law and the technology still will Rep. Irv Anderson (DFL-Int’l Falls) and struction projects in fiscal year 1999.

54 Highlights

Another $6.8 million from the trunk fund will be available for design engineering and construction engineering. Also, the new law stipulates that the town bridge account may be used to pay the cost of abandoning an existing bridge that is defi- cient but will not be replaced. The account also will be used to pay to construct a road or street to facilitate the abandonment of a deficient bridge if it is determined the construction of the road or street is more cost-efficient than replacing the existing bridge.

Lake Street planning board A provision in the new law establishes a 13-member board to help plan and coordi- nate development of the Lake Street corridor in Minneapolis. The board will have jurisdic- tion over one-half mile on either side of Lake Street. A total of 29 new state troopers can be hired by the Minnesota State Patrol and additional helicopter The board’s purpose will be to concentrate flight time can be financed, under a new transportation funding law. on economic development, transportation, Driver’s licenses and teens drive only when every occupant under the and residential renewal in the area in coordi- age of 18 has a seat belt or child passenger seat nation with local government, businesses, A new law establishes a three-tiered licens- properly fastened. There will be a $25 fine for and other neighborhood entities. ing system for teen drivers that will require violating the provision, but a citation could If light rail transit becomes a reality in the Minnesota’s younger drivers to acquire a be issued for the seat belt violation only if a state, this area is expected to be affected by learner’s permit and then a provisional law officer stops the car for a moving the Hiawatha Corridor of the transit line. driver’s license before receiving a full driver’s violation. The members will have a three-year term license. Effective July 1, 1998, a total of $295,000 ending June 30, 2001. Effective Jan. 1, 1999, people under 18 will will be appropriated from the trunk highway not be eligible for a full driver’s license unless fund for fiscal year 1999 to the commissioner Registration task force they have driven one year free of certain of public safety for the implementation of the A dealer licensing and motor vehicle regis- driving convictions and had at least 10 hours licensing system and for youth-oriented tration enforcement task force will be cre- of supervised driving with a licensed driver driver clinics. ated, under the new law. 21 or older. Rep. Satveer Chaudhary (DFL-Fridley) and A total of $50,000 from the highway user Currently, 15-year-olds can receive a Sen. Ember Junge (DFL-New Hope) spon- tax distribution fund is allocated to the com- learner’s permit (which they must hold for sored the legislation. missioner of public safety, who is to desig- six months) and 16-year-olds can apply for a HF2532/SF2407*/CH388 nate four state highway patrol members to full license. investigate the incidence of vehicle registra- Under the new law, teen drivers must be tion evasion and dealer fraud. free of conviction for a crash-related moving License provisions clarified It is believed countless Minnesota resi- violation and have no more than one driving dents register their motor vehicles in neigh- conviction unrelated to a crash to be eligible A new transportation law makes a few boring states, which have lower licensing fees. for a full license. Parking and equipment changes to laws regarding personalized plates, Estimates indicate this costs the state mil- violations or warning citations will not count underage drunk drivers, and license lions annually, even though it is a gross mis- against them. revocations. demeanor for vehicles owned and operated The new law stipulates that if a teen is The new measure also provides in Minnesota to be registered in another convicted of a traffic violation, he or she $15.8 million from the trunk highway fund state. could face not only the penalties that apply to to the Department of Administration. Effec- The task force’s final report is due to the the offense but also be required to attend a tive July 1, 1998, the funds go to complete governor and the Legislature by Feb. 15, 1999. youth-oriented driver improvement clinic. renovation and life safety improvements for The task force expires July 1, 2000. The clinics will be designated for traffic the Transportation Building in the Capitol violators age 18 and under to assist them in complex. correcting improper driving practices and A separate provision, effective Aug. 1, 1998, review provisions of traffic law. The clinics allows owners of pickup trucks with a will focus on driving problems common to manufacturer’s rating of one-ton capacity to novice drivers. get personalized license plates. Previously, A provisional license holder will be able to the maximum size for pickup trucks to be

55 Highlights

eligible for the plates was 9,000 pounds gross sure that renames a stretch of Trunk High- Campgrounds must provide sanitary fa- weight. That meant pickups of up to three- way 95 after Cpl. Timothy Bowe. cilities and drinking water, in addition to quarters of a ton capacity could qualify. Effective Aug. 1, 1998, the new law re- parking and campsites. Another part of the law pertains to those quires the commissioner of transportation to Seasonal businesses must indicate their under 21 years of age who have had their adopt a design and to erect the signs to mark months of operation on the sign or place a driver’s license revoked for six months for the memorial highway. The signs are to be “closed” plaque over the sign in the off- drunk driving. Effective Aug. 1, 1998, the paid for by the community of Cambridge, season. benchmark for their age is considered when Minn. Rep. Jean Wagenius (DFL-Mpls) and they are arrested, not when they are con- Last year, Bowe was the first Minnesota Sen. Janet Johnson (DFL-North Branch) victed. Under existing law, there are stiffer State Patrol officer killed in the line of duty sponsored the measure. penalties for underage people who violate since 1978. The 36-year-old Coon Rapids, HF2589/SF2592*/CH403 DWI laws. Minn., man was shot to death in Chisago Also effective Aug. 1, 1998, anyone whose County while answering a call about a shoot- license has been revoked or suspended who ing at a rural home. Sirens and flashing red lights wishes to petition for reinstatement must file Bowe, a 15-year veteran, was the seventh A new law reinstates a safety requirement that petition within 180 days of the date of Minnesota trooper killed in the line of duty. for ambulances. revocation or before the end of the revoca- Rep. Loren Jennings (DFL-Harris) and Effective Aug. 1, 1998, the new law re- tion or suspension, whichever comes first. Sen. Janet Johnson (DFL-North Branch) quires all medical emergency vehicles to both Previously, there was no time limit. sponsored the measure. sound an audible signal and activate red Rep. Mark Mahon (DFL-Bloomington) HF2612*/SF2335/CH290 emergency lights while responding to emer- and Sen. Dallas Sams (DFL-Staples) spon- gencies. Medical vehicles that are transport- sored the legislation. Ignoring highway barricades ing patients in non-emergency situations are HF2654*/SF2318/CH405 not required to sound their alarms. A new state law aims to knock some com- In 1997, legislation to exempt law enforce- Bowe Memorial Highway mon sense into motorists who think closed ment officers from the requirement to sound highways and lowered railway crossing gates audible signals while responding to emer- For the first time in Minnesota history, a don’t apply to them. gency calls included language that also ex- stretch of highway will be named after a slain Effective Aug. 1, 1998, a stranded motorist empted emergency medical vehicles. state trooper. who has blatantly disregarded an official trunk Rep. Al Juhnke (DFL-Willmar), House Gov. Arne Carlson signed into law a mea- highway closing could be liable for up to sponsor of the new measure, said that after $10,000 in rescue costs. the 1997 law was approved, insurance carri- The legislation resulted from a number of ers began telling owners of emergency medi- incidents during the 1996-1997 winter when cal vehicles that rates for coverage would rise drivers ignored highway barricades. if both audible and visible signals were not In the past, it was simply reckless and used while responding to emergencies. foolish to drive around a lowered gate at a Proponents argued that it is safer for am- railway crossing. Now it’s illegal, under the bulance drivers, other motorists, and pedes- new law. trians to have the audible warning in addition to flashing red lights. Blue service sign criteria Sen. Dallas Sams (DFL-Staples) sponsored Effective April 21, 1998, the new law also the measure in the Senate. revises the criteria that businesses must meet HF2576/SF2028*/CH263 to be eligible for listings on the blue service signs found near exit ramps on Minnesota freeways. Making vehicles available Under the new law, a business must be Nonprofit organizations that sell or lease open to everyone, regardless of race, religion, inexpensive cars no longer need to apply for color, age, sex, national origin, creed, marital a motor vehicle dealer’s license, under a new status, sexual orientation, or disability. law effective March 19, 1998. Gas stations must provide fuel, oil, Certain charitable organizations repair and restrooms, drinking water, and public tele- recondition older vehicles that are donated phone access and must be open at least 12 to them. These groups then sell the vehicles at hours a day, seven days a week. low prices to people moving off public assis- Restaurants must have a seating capacity Minnesota State Patrol Sgt. Russell Wicklund was tance or to other low-income people. among those who supported a new law that of 20, serve at least two meals a day of food The new law exempts these organizations honors Cpl. Timothy Bowe, the first state trooper that is prepared on the premises, and provide from needing a dealer’s license. killed in the line of duty since 1978. The new law food service for at least 10 hours a day, seven Under the law, the cash value of the vehicle designates a stretch of Trunk Highway 95 as State days a week, except holidays. Trooper Timothy Bowe Memorial Highway. being sold must be less than $1,000 and the

56 Highlights

organization must meet the requirements of use defective parts or do substandard repair Under the new law, the department can a nonprofit charitable group under the tax work on U.S. airplanes. use — in the place of military discharge forms code to get the exemption. Federal legislation before the U.S. Con- — other reliable documentation proving The law could make more vehicles avail- gress aims to tighten controls on repair facili- military service. The documents must be ap- able for people at a time when welfare recipi- ties that service aircraft that operate in the proved by the department. ents are being encouraged to find employment United States. The act would revoke certifi- Minnesota veterans who served in the mili- under welfare reform measures that took cation of any repair facility that purposely tary between Aug. 2, 1990, and July 31, 1991, effect in 1997. Many of these people do not uses uncertified or substandard parts. are eligible. Applications will be accepted have transportation, according to Rep. Tim Rep. Edwina Garcia (DFL-Richfield) and until June 30, 1999, and are available through Pawlenty (R-Eagan), who sponsored the Sen. Sandra Pappas (DFL-St. Paul) spon- groups such as the American Legion and the measure in the House. sored the resolution. Veterans of Foreign Wars. Sen. David Knutson (R-Burnsville) spon- HF3250*/SF2786/Res. 6 Rep. Betty Folliard (DFL-Hopkins) and sored the legislation in the Senate. Sen. James Metzen (DFL-South St. Paul) HF3028/SF2163*/CH285 Statewide capital improvements: sponsored the legislation. Light rail transit and transportation HF2338*/SF2167/CH258 No more fingerprint checks (See Bonding, page 12) Crime prevention legislation: Those with direct management responsi- Four Chaplains Day Right to ride bility for a company’s hazardous waste trans- (See Crime, page 18) A new state law honors four clergymen portation no longer must submit a full set of who died serving their country. fingerprints to determine if the person has a Easing the car crunch Under the new law, Feb. 3 each year is criminal record, under a new law, effective (See Government, page 33) designated Four Chaplains Day, a tribute to a March 24, 1998. Promoting public participation group of military chaplains killed in World Ward Briggs, of the Minnesota Depart- (See Metro Affairs, page 50) War II. The new law is effective ment of Transportation, said the hazardous March 7, 1998. waste transportation industry objected to the Innovative bike racks George L. Fox, Alexander D. Goode, requirement, calling it a nuisance. He also (See Metro Affairs, page 51) Clark V. Poling, and John P. Washington, all said the background check involving finger- U.S. Army chaplains, sacrificed their lives on prints had been part of a national pilot pro- No break on auto premiums (See Vetoed Bills, page 64) the troop transport ship USS Dorchester, gram that had expired. which was sunk Feb. 3, 1943, off the coast of Briggs said the fingerprint checks were not Students riding public buses Greenland. proven to be the best method of evaluating (See Dead Bills, page 71) Fox’s nephew, David Fox, who lives in the background of those involved with the Minneapolis, urged legislators to pass the intrastate transport of hazardous waste. He new law this year. Under the law, the gover- said some with criminal records were slip- VETERANS nor will issue a proclamation of the obser- ping by despite the checks. vance each year. Briggs said other methods of accomplish- Gulf War veterans’ bonuses Rep. Jim Rhodes (R-St. Louis Park) and ing better background checks are currently A new law, effective Feb. 26, 1998, allows Sen. Roy Terwilliger (R-Edina) sponsored under study, and a national system for such a the state’s Department of Veterans Affairs to the legislation. process is expected soon. consider documents other than a veteran’s HF3095*/SF2688/CH272 Rep. Al Juhnke (DFL-Willmar) and military discharge form in determining an Sen. Steve Murphy (DFL-Red Wing) spon- applicant’s eligibility for a state bonus pro- USS Des Moines sored the measure. gram for Persian Gulf War veterans. (See Dead Bills, page 68) HF2665/SF2316*/CH310 In 1997, the Legislature passed a law set- ting aside $17 million to give Minnesota’s Aircraft repair resolution approximately 44,000 Persian Gulf War vet- erans a bonus for their military service in A resolution asking President Clinton and Desert Storm. Veterans receive bonuses at Congress to enact federal legislation called three levels: Approximately 13,000 who served the Aircraft Repair Station Safety Act of 1997 within the war zone are eligible for $600. was filed with the Office of the Secretary of Another 30,500 who served on active duty State without the governor’s signature. elsewhere in the world can receive $300, and The resolution supports a congressional the families of the nine Minnesota soldiers effort to force foreign repair facilities to use killed in the war each are eligible for $2,000. the same standards that apply to domestic Problems arose when the process used by aircraft repair procedures and parts. the veterans affairs department to determine Some aviation experts are concerned that eligibility was causing benefit delays of up to airplane repair facilities in foreign countries six months.

57 Highlights Selected New, Increased Fees Adopted in 1998

Area/Purpose Existing Fee New Fee Chap. Art. Sec. Effective Date

Agriculture Commercial animal waste 0 $50 fee; 401 17 4/22/98 technician three-year license $10 each for additional identification cards Court fees Surcharge levied against anyone convicted of a petty $11 $25 367 8 5 1/1/99 misdemeanor — not including parking violations

Surcharge levied against anyone convicted of a felony, gross 0 $25 367 8 5 1/1/99 misdemeanor, or misdemeanor — not including parking violations Transportation Snowmobile state trail permit fee $15 $16 (additional 401 21 4/22/98 (applies only to snowmobiles not $1 to go to the seller registered in Minnesota; valid of the sticker) Nov. 1 to April 30)

Snowmobile metal traction device sticker (required for 0 $50 401 24 4/22/98 snowmobiles with metal traction devices; valid for one year from June 30 in the year it is issued)

Personal watercraft surcharge (paid with license renewal 0 $50 401 29 4/22/98 every three years; surcharge funds law enforcement and safety education programs)

Reinstatement surcharge for driver’s license following $10 $40 367 11 7 7/1/98 revocation due to DWI (in addition to $250 fee; part of this surcharge funds remote electronic alcohol monitoring program for DWI offenders)

Re-registration fee of a motor vehicle following a period of $25 $50 367 11 3 7/1/98 license plate impoundment (per vehicle); additional fee goes to the general fund

Registration fee for the issuance of special license plates to be $25 $50 367 11 4 7/1/98 used by family members of repeat DWI offenders during a period of license plate impoundment (per vehicle); additional fee goes to the general fund

58 Special Session

The Basic Sliding Fee program has played loans to cities and nonprofits for community 1998 Special Session a vital role in Minnesota’s recent welfare rehabilitation purposes. reform initiatives. The new money will en- An additional $300,000 goes to the Family Editor’s note: Gov. Arne Carlson called sure that parents who are on a welfare-to- Homeless Prevention and Assistance Pro- the Legislature into special session work path continue to receive child care as- gram, which grants funds to organizations April 20, 1998, to deal primarily with a sistance. (Art. 2, Sec. 1) that seek to prevent homelessness. These or- public policy question affecting Marvin A provision effective Aug. 1, 1998, estab- ganizations work to stabilize families in their Windows and Doors in Warroad, Minn. lishes in law a program that allows low-in- existing homes, and assist homeless families The three-day session resulted in the come families to contribute money to a “fam- in securing transitional or permanent hous- passage of three new laws: two substan- ily asset account” and receive matching dol- ing. (Art. 4, Sec. 2) tive measures and one that corrects tech- lars from the state and private organizations. The Department of Children, Families and nical errors — such as mistakes in spell- Other states are considering similar pro- Learning estimates that there are 21,000 ing and grammar — contained in other grams, and similar legislation is pending in homeless children in Minnesota. laws already on the books. Congress. The department will be given $600,000 for Although the new Minnesota law does not its efforts to assist the homeless. Of this set any money aside for the program, propo- amount, the new law appropriates $300,000 GOVERNMENT nents say the language puts Minnesota one for emergency services grants to be used to step ahead of the game, should Congress provide shelter, medical care, and other as- Child care, jobs, housing approve a “family assets for independence” sistance to homeless individuals. Transitional initiative. housing programs receive the remaining A new law enacted during the special ses- Under the state law, eligible families in- $300,000. sion contains $12 million in spending for clude only those with an income level at or The purpose of transitional housing is to child care, housing, jobs, and economic below 200 percent of the federal poverty level give low-income families a temporary place development. (or $26,700 for a family of three) and assets of to stay while they get back on their feet finan- The governor vetoed an omnibus family $25,000 or less. cially and resolve any personal issues that and early childhood education bill and an The new law dictates that matching funds may have led to their homelessness. omnibus jobs, housing, and economic devel- must be kept in a separate account and that (Art. 2, Sec. 2) opment bill passed during the regular 1998 families may not get the money until they Legislative Session. He cited excessive spend- have finished an economic literacy course Boosting employment ing as one reason the bills were vetoed. and achieved their goals for one of three Under the new law, the Department of The new law includes key portions of the approved purposes — buying a home, pay- Economic Security receives a total of vetoed bills, but the overall spending was ing for an education, or starting a business. $2.3 million to fund job training and re- scaled back from the earlier proposals. The program is to be administered by the employment programs. Rep. Steve Trimble (DFL-St. Paul) and Department of Children, Families and Learn- The department also is given $1 million Sen. Tracy Beckman (DFL-Bricelyn) spon- ing. (Art. 1, Sec. 6) targeted at summer youth employment. And sored the measure. The new law also appropriates $100,000 to the department will receive $1 million for its Here’s a look at some of the key provisions the Department of Children, Families and rehabilitative services, which provide job of the new law. The spending provisions Learning for the cleanup of lead-contami- training to people with disabilities. described below are effective July 1, 1998. nated residential sites around the state. Of Also included in the department’s funding 1998 Special Session: HF1/SF2*/CH1 that amount, $25,000 is earmarked for the is a $126,000 grant for the organization Ad- city of St. Louis Park to complete a lead vocating Change Together Inc. The organi- Child care and family assistance abatement project in a residential neighbor- zation provides employment training for Under the new law, Head Start and Early hood surrounding an industrial site. people with developmental disabilities and Childhood Family Education programs re- (Art. 2, Sec. 2) other mental health disabilities. (Art. 3, ceive $250,000 for cooperative programming. Sec. 4) Head Start is a joint state-federal program Housing and the homeless that provides low-income preschool children Under the new law, the Minnesota Hous- Economic development with emotional, social, health, nutritional, ing Finance Agency receives $3.6 million to The new law allocates $580,000 to the De- and psychological services. The early child- assist in developing new affordable housing, partment of Trade and Economic Develop- hood program focuses on infant develop- maintaining existing low-income housing, ment. Of that amount, $500,000 is provided ment and parents’ roles in stimulating and and preventing homelessness. to the Granite Falls Development Authority nurturing their infants’ intellectual and emo- The new law allocates $3.3 million to the for the development of a biomass alternative tional development. (Art. 2, Sec. 2) state’s housing agency to be used for current energy project. The new law appropriates $3.3 million for programs that provide interest-deferred loans The remaining amount goes to the Neigh- a program that helps low- and moderate- for construction and rehabilitation of per- borhood Development Center Inc., an orga- income working families pay for child care manent low-income rental housing. The nization that provides services to develop using an income-based, sliding-fee scale. funds can also be used to provide grants or

59 Special Session

businesses in poorer neighborhoods in Minneapolis and St. Paul. The measure also provides $155,000 to retire debt on the World Trade Center in downtown St. Paul. (Art. 3, Secs. 2, 3)

LAW Marvin Windows and Doors A new law passed during the 1998 Special Session will assist a Minnesota company in a pending lawsuit. The new law affects a four-year-old lawsuit between Marvin Windows and Doors in Warroad, Minn., and a company. Marvin Windows is suing the company for breach of contract and fraud relating to a wood preservative produced by the Pennsyl- A new law affects litigation involving Marvin Windows and Doors of Warroad, Minn. The northern vania company and used by the Minnesota Minnesota employer is suing a Pennsylvania company over an allegedly defective wood preservative. manufacturer from 1985 to 1989. Marvin officials said that windows that were made with the preservative are now The new measure amends that portion of dangerous precedent, and they questioned rotting, and that the company is paying re- law to allow for claims to move forward in the constitutionality of passing legislation to placement costs. They said that these addi- cases where fraud or intentional misrepre- affect current litigation. tional costs threaten the viability of the north- sentation is alleged. The Senate sponsor was Sen. LeRoy Stumpf ern Minnesota employer. Rep. Jim Tunheim (DFL-Kennedy), House (DFL-Thief River Falls), who was also chief Among several legal claims made by Marvin sponsor of the Marvin Windows legislation, sponsor of the 1991 economic loss law. Windows, the firm alleges that the other argued that the change is simply a clarifica- The new law is effective April 24, 1998, and company engaged in intentional misrepre- tion of the 1991 law, which did not address applies to legal actions pending on or com- sentation of its product. Attorneys for Marvin the issue of fraud. menced on or after that date. Windows are attempting to use Minnesota’s “While Marvin Windows brought this is- Gov. Arne Carlson called the special ses- tort law to address these claims in court. sue to our attention, it is our legislation that sion to deal especially with this bill, which did PPG Industries of Pennsylvania argued needs to be clarified so that fraud is not not pass before final adjournment of the that the claim could not be brought forward allowed anywhere in Minnesota,” Tunheim regular session. under Minnesota’s tort law, and the said. 1998 Special Session: HF2/SF1*/CH2 company’s argument was based on a 1991 Opponents of the legislation argued that economic loss law. The law outlines how the passing laws to assist one company sets a Correcting minor mistakes tort law can be used in contract disputes of (See Law, page 47) this sort.

60 Vetoed Bills

Governor vetoes 15 bills Editor’s note: A total of 157 bills and four resolutions reached the governor’s desk during the 1998 Legislative Session. The governor vetoed 11 chapters and line-item vetoed appropriations from four more chapters. The summaries in this section give brief descriptions of each bill vetoed and some of the reasons for the governor’s actions. The bills are divided into two catego- ries: full vetoes and line-item vetoes. Within each category, the bills are arranged al- phabetically by topic. Once a bill has passed both the House and the Senate in identical form, it is sent Gov. Arne Carlson vetoed 11 chapters and line-item vetoed four chapters during the 1998 Legislative to the governor for consideration. The gov- Session. ernor has several options when consider- ing a bill. The governor can: Full vetoes (11) issues related to hemp production. • sign the bill and it will become law; Supporters of the bill said hemp produc- • veto the bill; or tion may offer new opportunities for farmers • line-item veto individual items within AGRICULTURE because the plant can be used to make a an appropriations bill. variety of products, including paper, cloth- If a bill was passed by the Legislature No industrial hemp study ing, fiberboard, twine, birdseed, and oil. and presented to the governor before the Carlson said directing the university to A bill that would have allowed for the conduct the study, without giving it any final three days of the session in an even- study of industrial hemp production and its numbered year (or the second year of the money amounted to an “unfunded commercial uses in Minnesota was vetoed by mandate.” biennium), the bill will become law unless Gov. Arne Carlson. the governor vetoes it by returning it to the Rep. Phyllis Kahn (DFL-Mpls) and Senate The bill generated controversy because Majority Leader Roger Moe (DFL-Erskine) Legislature within three days. hemp is in the same family as marijuana, an If the governor does not veto the bill, it sponsored the bill. illegal controlled substance in the United HF349/SF1181*/CH394 becomes law, even without his signature. States since 1937. In these instances, the bill is “filed [with Marijuana and industrial hemp both carry the Office of the Secretary of State] with- the scientific classification of cannabis sativa, CONSUMERS out signature.” but they are significantly different plants, If a bill is passed during the last three according to information supplied by the TAP expansion vetoed days of the session in an even-numbered North American Industrial Hemp Council. year, the governor has a longer time to act. The bill passed the Senate last year and the Gov. Arne Carlson vetoed a bill calling for He or she must sign and deposit the bill House this year on the last day of the session, a significant revision of a program that assists with the secretary of state within 14 days of after several attempts to get the measure some people in paying for basic telephone “sine die” adjournment or the bill will not through. service. The bill would have imposed a new become law. Inaction by the governor re- In his veto message, Carlson noted that the surcharge on cellular phone accounts to help sults in a “pocket veto,” and the governor state’s law enforcement officials are concerned pay for expanding the program. is not required to provide a reason for the about the potential problems associated with The bill would have added about 150,000 veto. agricultural production of hemp. Minnesota households to the Telephone As- For bills passed during a special session, “These concerns stem, in part, from a Dutch sistance Plan (TAP). The program currently the governor has the same options that study, which found that it is not possible to provides assistance for basic telephone ser- apply in the second year of a biennium. visually separate hemp plants from mari- vice to about 50,000 Minnesotans who meet Vetoed bills are returned to the body of juana plants, thereby significantly compli- criteria related to age or disability. The bill origin, and the House and Senate may cating law enforcement efforts. Similar con- would have changed eligibility requirements attempt to override. cerns have been raised at the national level,” to income-based criteria, as is required for A two-thirds vote in each house is needed Carlson wrote in his veto message. TAP participants to continue to receive fed- to override a veto (90 votes in the House The bill would have directed the Univer- eral matching funds under an amendment to and 45 votes in the Senate). sity of Minnesota, working with the Depart- the federal cost-sharing program. The governor can exercise line-item veto ment of Agriculture and the Minnesota Bu- The bill would have broadened the pro- authority on appropriations bills only. reau of Criminal Apprehension, to study the gram to include single-and multiple-person

61 Vetoed Bills

households at or below 100 percent of the bilitation program and appropriations for Also, the vetoed omnibus bill included federal poverty level until July 1, 1999, and at various housing programs. compromise language from a bill originally or below 125 percent after that date. Several spending provisions in this bill calling for all employers to disclose the terms The bill “amounts to a tax increase,” were revisited and passed in a scaled-back of employment in writing in each employee’s Carlson wrote in his veto message. version during the special session (1998 Spe- first language. “This legislation will eventually increase cial Session: HF1/SF2*/CH1). (See related The provision would have required that TAP fees placed upon telephone customers story, page 59.) the Department of Labor and Industry de- by 66 percent and impose a fee on cellular The vetoed bill included a provision that velop a brochure stating employee rights in phones to increase the fee base by 30 percent, would have provided $10 million to the Min- English and the 10 languages most com- thus giving rise to a tax increase of approxi- nesota Housing Finance Agency to assist in monly spoken by Minnesota workers. The mately $1 million,” the governor stated. maintaining existing low-income housing. brochure also was to include employee re- “Moreover, this language nearly triples the This appropriation was later included in the source phone numbers. The provision also size of the existing program.” omnibus tax bill, which did become law would have required employers to provide Current law allows a surcharge on residen- (HF3840/SF2985/CH389). (See related story, the brochure when an employee is first of- tial and business lines of up to 10 cents per page 53.) fered a job. month; however, the rate actually being col- The vetoed bill also would have appropri- Rep. Steve Trimble (DFL-St. Paul) and lected is now 6 cents per month. The bill ated $6.2 million to the Department of Trade Sen. Tracy Beckman (DFL-Bricelyn) spon- would have extended the surcharge to cellu- and Economic Development for statewide sored the vetoed omnibus jobs, housing, and lar telephones beginning July 1, 1999, but the projects. Of that amount, $3.3 million would economic development bill. surcharge would not have applied to tele- have gone to the Minnesota Film Board to HF3806/SF3367*/CH374 phone pagers. provide support for the state’s $250 million “I have long opposed legislation which film and video industry. The appropriation results in new or increased taxes,” Carlson would have been used to create a revolving ELECTIONS wrote. “My position has not changed.” loan film fund to be administered by the film Rep. Karen Clark (DFL-Mpls) and board and the Department of Trade and Open absentee ballot program Sen. Steve Kelley (DFL-Hopkins) sponsored Economic Development. the measure. Another key portion of the vetoed bill was Gov. Arne Carlson vetoed a bill that would HF3064/SF2718*/CH378 a “healthy homes” initiative that received a have extended Ramsey County’s open absen- good deal of publicity and scrutiny through- tee ballot program. out the legislative process. The proposal In his veto message, Carlson questioned DEVELOPMENT sought to address new health concerns that the need for its continuation. are surfacing regarding new energy efficient “The project has been in existence since Jobs, housing, development home construction. Some people who pur- 1991,” he wrote. “At what point do we bring chase these new homes are reporting health a pilot project to an end? What information, Citing what he referred to as “clearly exces- and structural problems problems due to other than what has already been gathered, sive” spending, Gov. Arne Carlson vetoed an improper ventilation and excessive moisture. does the county hope to obtain? And what omnibus jobs, housing, and economic devel- The provisions included in the vetoed does the county intend to do when the project opment appropriations bill. omnibus bill would have extended some expires in two years? We know what the The $38 million bill included about warranty periods for new homes and would benefits and drawbacks of this program are $20 million in appropriations for housing have required developers and home contrac- — it’s time to end it and take up the larger programs and $18 million in appropriations tors to provide warranty information to the debate of applying it to all citizens of the for statewide economic development and job home buyer or homeowner. The changes state.” training. would have given home buyers more time to In 1991, Anoka, Hennepin, Polk, and In his veto message, the governor restated find out about defective construction and to Ramsey counties entered into a pilot project his belief that even-year legislative sessions seek legal remedies. for open absentee balloting. The 1994 Legis- should focus on bonding and emergency The governor’s veto also eliminated fund- lature extended the pilot project in Ramsey issues. ing for a program to assist people who suffer County until this year. “As I stated in my prior veto message, from Multiple Chemical Sensitivity. Grants Under the pilot project, people don’t need even-year legislative sessions were not cre- or loans would have been made available to a reason to vote absentee, they just need to ated to enact large appropriation bills such as help those people rid their homes of the apply in writing at their county auditor’s this,” Carlson wrote. “Outside of bonding offending chemicals. office. (State law dictates that people who and emergency financing, the Legislature Sufferers of the disorder have allergy-like want to vote by absentee ballot must have an should significantly limit all spending pro- sensitivity to a broad range of household acceptable reason, such as absence from the posals during these sessions.” substances, such as cleaning solvents, deter- precinct, illness, disability, observance of a The governor said that the bill contained gents, perfumes, and household dust and religious holiday, or service as an election several worthwhile appropriations that mold. They often experience back pain, sleep judge.) should be revisited by the Legislature, in- disorders, anxiety, chronic fatigue, and res- An absentee ballot is mailed or given to the cluding funds to the Department of Eco- piratory problems. voter, who fills it out like a regular ballot and nomic Development for a vocational reha-

62 Vetoed Bills

mails it to the county auditor’s office. The reasons for voting by an absentee ballot. The House, and relatively few in the Senate, sup- ballots are held until election day, then reasons include absence from the precinct, ported the bill,” he wrote. counted with the rest of the ballots. illness, disability, observance of a religious “Increasing voter turnout, especially in our Rep. Betty McCollum (DFL-North holiday, or election judge service in another large cities, is an admirable goal; but simpli- St. Paul) and Sen. Charles Wiger (DFL-North precinct. fying the process is only a very small part of St. Paul) sponsored the bill. The bill would have eliminated that lan- the solution. Issues and candidates move HF2567/HF2221*/CH347 guage in current law and required only that people to vote. I suggest we focus on those voters list their reason for needing an absen- critical parts to move the citizens of Minne- Updating voter addresses tee ballot on their application. apolis to the polls,” Carlson concluded. In his veto message, Carlson said he was Sen. Linda Higgins (DFL-Mpls) sponsored Gov. Arne Carlson vetoed a bill that aimed concerned about the party-line vote on the the bill in the Senate. to make it easier for people who move to new bill. HF2293/SF2118*/CH370 homes to update their voter registration “Significant changes to election laws such information. as those proposed in this bill are too impor- The bill would have authorized the Office tant to be entirely one-sided and lacking in FAMILY of the Secretary of State to get the names and bipartisanship,” Carlson wrote. addresses of people who have given the U.S. The bill was widely opposed by Republi- Family, early childhood bill Postal Service a change-of-address card. can legislators. The bill called for the secretary of state to “Changes should have at least modest sup- Citing excessive spending, Gov. Arne then send the information to the appropriate port from both sides of the aisle before being Carlson vetoed a $14.9 million family and county auditor and for the auditor to con- signed into law, and certainly not the vocifer- early childhood education spending bill. firm the voter’s new address by mail. ous opposition that accompanied this and The bill would have appropriated money In his veto message, the governor said he other election law bills,” Carlson wrote. for programs such as Head Start and Early vetoed similar legislation in 1997 and that he Rep. Tom Osthoff (DFL-St. Paul) and Childhood Family Education, child care as- still has the same concerns. He then listed Sen. Linda Scheid (DFL-Brooklyn Park) sistance, emergency services grants for the those concerns as follows: “1) Where a per- sponsored the bill. homeless, gang prevention, and lead abate- son receives their mail is not necessarily al- HF2526/SF2148*/CH352 ment projects. ways where they reside and vote; 2) Estab- However, several spending provisions in lishing the residence of thousands of poten- Absentee ballot pilot project the vetoed bill were revisited and passed in a tial voters is a culmination of many factors scaled-back version of the bill during the that may not always be reflected by an auto- A bill that would have established an ab- April 1998 special session (1998 Special Ses- matic process for registration; and 3) The sentee ballot pilot project for Hennepin sion: HF1/SF2*/CH1). (See story, page 59.) unintended outcome of this process may County was vetoed by Gov. Arne Carlson. In his veto message, Carlson reminded the actually be more confusion on the part of the The bill, sponsored in the House by Rep. legislators of last year’s “historic budget in- electorate,” he wrote. Richard Jefferson (DFL-Mpls), called for a crease for child care, Head Start, and other Carlson said any change in election law is pilot project that would have allowed voters children and family programs.” important and should have bipartisan sup- to vote by absentee ballot without having to The bill would have appropriated port. The bill passed 71-61 in the House and give a reason, as long as they supply their $5 million for a program that helps low- and 46-14 in the Senate. name, address, signature, and other basic moderate-income working families pay for “Even if my concerns were entirely satis- information. child care using an income-based, sliding-fee fied, I could not support any changes to our It was the fourth bill relating to election scale. The Basic Sliding Fee child care pro- election laws when only three Republican law that Carlson vetoed this year, including a gram already received an increase of over 130 members in the House of Representatives, bill that would have extended a similar ab- percent over the last biennium, Carlson said. and relatively few in the Senate, supported sentee ballot pilot project in Ramsey County, Under the bill, an additional 17,000 fami- the bill. Changes such as those proposed in and he noted that in his veto message. lies would have qualified for the Minnesota this bill should have at least modest biparti- “What do we hope to learn from the Min- dependent care tax credit program. The bill san support before becoming law,” he wrote. neapolis project that was not demonstrated would have raised the maximum income Rep. Betty Folliard (DFL-Hopkins) and in Ramsey County? We know what the ben- threshold from $31,000 to $38,000 at a cost of Sen. Linda Scheid (DFL-Brooklyn Park) efits and drawbacks of an open ballot system $4.9 million to the state. sponsored the bill. are — if it is a good idea, then take it state- Another provision of the bill would have HF2387/SF2149*/CH346 wide,” he wrote. appropriated $200,000 for gang prevention Under present law, people wanting to vote and intervention. The funding would have absentee must have a reason, such as an been channeled through local organizations Absentee ballots with ‘reason’ illness, disability, observance of a religious to provide after-school activities, job skill holiday, or service as an election judge. training, and counseling to children and Gov. Arne Carlson vetoed a bill that would Carlson noted that changes to election law young adults who are either at risk for crimi- have allowed voters to use an absentee ballot are too important to be “laced with partisan- nal gang involvement or who have expressed for any reason. ship. I cannot support changes to our elec- interest in terminating their gang affiliation. Current law lists a number of acceptable tion laws when not a single Republican in the The bill also would have appropriated

63 Vetoed Bills

Nonprofit hospitals are generally viewed as charitable community assets, but from 1990 to 1996 a total of 192 nonprofit hospi- tals nationwide were converted to for-profit status. Public funds are used for various projects at nonprofit hospitals. If the hospital is ac- quired by a noncharitable entity, the com- pany likely acquires assets paid for with pub- lic dollars, possibly at less than fair-market value. Rep. Lee Greenfield (DFL-Mpls) and Sen. Linda Berglin (DFL-Mpls) sponsored the bill. HF381/SF695*/CH330

INSURANCE

Under a bill the governor vetoed, the United Way’s First Call for Help would have received $100,000 to expand into First Call Minnesota, a statewide computer system database of health services, social No break on auto premiums services, educational programs, housing information, and employment services. Gov. Arne Carlson used his veto authority $200,000 for the cleanup of lead-contami- financial control to a noncharitable entity, it to strike down legislation that would have nated residential sites around the state. must notify the state attorney general in allowed drivers who successfully complete And finally, First Call For Help, a social writing. an accident prevention course to get a break services information and referral telephone The attorney general already has the power on auto insurance premiums. hotline sponsored by the United Way, would to investigate and stop such transactions, but Drivers over 30 years old who passed the have received $100,000 to expand into “First the legislation would have ensured that writ- safety course would have received a 10 per- Call Minnesota,” a statewide computer sys- ten notice would go to the attorney general’s cent reduction in their auto insurance pre- tem database of health services, social ser- office 45 days in advance of any deal. miums, under the bill. Currently, drivers 55 vices, educational programs, housing infor- Under the legislation, the attorney general and older who pass an accident prevention mation, and employment services. could have reviewed the proposed agree- course every three years receive a premium The governor closed his veto message with ment and made the notice accessible to the reduction. a general suggestion for lawmakers. public if the office determined the public In his veto message, Carlson wrote that “Even-year legislative sessions should not would benefit from the information. If the statistics have not shown that increased train- be allowed to become full-blown tax and proposed transaction was found to be unfair, ing and testing of drivers results in improved spend sessions,” he wrote. “How about con- the office could have brought an action to road safety in Minnesota. sidering limiting even-year sessions to three stop the transaction from being completed. He said automobile insurance premiums weeks and giving the public a constitutional The governor wrote in his veto statement, ought to be determined by the market and amendment that will allow them to create a “I am persuaded that the office of the attor- individual driving records. unicameral legislature?” ney general can adequately protect the public’s “Any mandated rate reduction to one class Rep. Tony Kinkel (DFL-Park Rapids) and interest in this area with the authority granted of citizen drivers would unfairly shift costs to Sen. Pat Piper (DFL-Austin) sponsored the under current law.” those of the unprotected class,” he said. “In vetoed bill. Carlson also indicated he thought the bill this case, the shift would take place on those HF2803/SF2532*/CH365 “established a litigious, adversarial process drivers who are already paying the highest for conducting business transactions which I premiums within this state, that is, those find unnecessary. drivers under the age of 30.” HEALTH “While I recognize the value of commu- Carlson also said while a driver safety course nity hospitals, I cannot support the wholesale can be effective for those 55 and older, “I do Acquiring nonprofit hospitals lockout of noncharitable business entities in not believe that the completion of this type of the marketplace, which is the effect of the program would be effective on younger Gov. Arne Carlson used his veto authority bill.” drivers.” to reject legislation that would have made He also said, “In some instances, particu- The legislation was sponsored by Rep. purchases of nonprofit hospitals by larly in the case of a financially struggling Mark Mahon (DFL-Bloomington) and noncharitable entities, including for-profit rural community hospital, the public may be Sen. Douglas Johnson (DFL-Tower). chains, more difficult. best served by the noncharitable acquisition HF2846*/SF2245/CH287 The measure would have required that of the hospital, especially when the only al- whenever a nonprofit hospital proposes to ternative is closure of the facility.” transfer more than 50 percent of its assets or

64 Vetoed Bills

pay the attorney general’s office for legal sary growth of the office since 1991. LOCAL GOVERNMENT assistance to local governments in the devel- This year’s $23 million appropriation goes opment of feedlot ordinances. for core functions of the state’s top legal and Real estate filing fees “This is a service that is currently provided law enforcement agency for the fiscal year by state agencies with existing resources, that begins July 1, 1998. The office is respon- A plan to create a uniform real estate filing which deems this appropriation unneces- sible for asserting and defending the state’s fee structure for counties statewide was sary,” Carlson said. legal interests, settling claims, and aiding other vetoed by Gov. Arne Carlson. And finally, Linwood Township would law enforcement agencies in prosecuting and Carlson said he supports the idea of stan- have received a $100,000 grant to build a solving cases. dardizing such processes across the state. surface water drainage system. Carlson said The $1.1 million line-item vetoed by However, he said that he could not support the grant would not meet the DNR eligibility Carlson would have provided: $500,000 for the proposal because it would have meant fee requirements to be considered a flood miti- legal services to state agencies; $250,000 for increases. gation project. gaming enforcement; $250,000 for counties “Minnesotans already pay a substantial “In addition, this provision has not been needing assistance with felony prosecutions portion of their incomes to provide for local, supported by the local community, which and related tasks; and $100,000 for a fund to state, and federal services,” he wrote in his has not favored using property tax dollars or educate senior citizens about telemarketing veto message. “With no demonstrated need other local funding for this project,” Carlson fraud. for these fee increases, I cannot sanction this wrote. Carlson also noted that the $23 million bill.” Rep. Tom Osthoff (DFL-St. Paul) and appropriation represents a 13.6 percent in- The bill was sponsored by Rep. Sen. Steven Morse (DFL-Dakota) sponsored crease over the office’s previous base Mary Murphy (DFL-Hermantown) and Sen. the measure. funding. David Ten Eyck (DFL-East Gull Lake). HF3799/SF3353*/CH401 “Therefore, this line-item veto will do little HF1882/SF1654*/CH311 more than return their service to normal,” he wrote. GOVERNMENT The new law also calls for a task force to Line-item vetoes (4) study the availability, effectiveness, and cost Attorney general’s budget of legal services provided by the attorney general’s office. ENVIRONMENT Following through on his earlier criticism Rep. Tom Rukavina (DFL-Virginia) and of the size of the attorney general’s budget Sen. Leonard Price (DFL-Woodbury) spon- Environmental projects cut request, Gov. Arne Carlson used his line- sored the legislation. item veto to cut $1.1 million from the office’s HF3137/SF3354*/CH366 Gov. Arne Carlson used his line-item veto 1999 budget. authority to cut three projects totaling Carlson said he was troubled by what he $285,000 from the 1998 omnibus environ- called misrepresentation by the attorney ment, natural resources, and agriculture fi- HIGHER EDUCATION general’s office concerning a 1995 budget nance package. appropriation. He said the office had re- The remaining provisions appropriate quested $3 million for one-time technology Higher education funding cut some $18 million for the Department of Natu- upgrades in 1996 and 1997 but had, in fact, ral Resources (DNR), the Minnesota Pollu- Gov. Arne Carlson used his line-item veto spent about $2 million of that money on tion Control Agency, the Department of Ag- authority to cut $500,000 from a $73 million salary increases. riculture and other state agencies to carry out higher education funding plan approved by That $2 million then expanded the office’s environmental projects across the state. the Legislature. budget base and led to an increased request Gone from the spending measure is a Funding to expand the University of for future funding, according to the $125,000 appropriation to Market Champ Minnesota’s law clinic, which provides free governor. Inc., a nonprofit corporation that transfers legal services to low-income residents, was “Frankly, the Office of the Attorney Gen- high quality genetic material from the Uni- one of the items cut by the governor. Carlson eral possesses a division that deals with con- versity of Minnesota to family farmers. struck down $250,000 earmarked for the sumer issues and insists on high standards of “This function could be accomplished clinic. truthfulness,” Carlson wrote. “Those stan- without a sizable appropriation or the devel- “The law clinic appropriation is disturbing dards were not applied to the 1996-1997 opment of an entirely new entity,” Carlson because it ought to be a self-sustaining pro- budget expenditures.” wrote in his veto message. “The University of gram,” Carlson wrote in his veto message. But the governor left $23 million for the Minnesota already has systems in place for “Promoting pro bono activities by law school office’s 1999 expenses in the new $32 million the transfer of information to farmers and students is a worthy goal and should be omnibus state government law. could provide information on swine financially supported within the law school Last year, he used his line-item veto au- genetics.” budget.” thority to strike the attorney general’s entire Another provision that did not make it The law clinic provided legal assistance to 1999 budget of $24.4 million, citing what past the governor would have appropriated more than 700 low-income Minnesotans in Carlson called the enormous and unneces- $60,000 for the Department of Agriculture to 1997, according to law school officials. The

65 Vetoed Bills

recipients of the free legal services were rep- The remainder of the new law represents agencies around the state rely on and raise resented by second- and third-year U of M the largest supplemental budget increase for funds through the community,” Carlson law students, who work for clients under higher education in this decade. The wrote in his veto message. “This appropria- supervision of clinic instructors. $72.5 million in appropriations would target tion would undermine the work of those Law school officials said that with the nearly $36 million each for the University of other agencies and encourage greater reli- $250,000 from the state for fiscal year 1999 Minnesota and the Minnesota State Colleges ance on state funds in the future.” the school planned to add 80 more students and Universities system. Carlson also cut $25,000 that was to go to to the law clinic. That would have translated Rep. Gene Pelowski (DFL-Winona) and the Department of Human Services for a into an additional 6,000 hours of legal ser- Sen. LeRoy Stumpf (DFL-Thief River Falls) study of day training and rehabilitation capi- vices and another 200 clients. sponsored the measure. tal needs. The law school officials also said 50 per- HFnone/SF3297*/CH384 “It is inappropriate for a state agency to cent of the clinic’s current $900,000 annual assess the capital needs of a private industry,” budget comes from tuition, with the governor wrote. “If the day training in- 15 to 17 percent from the state. The rest HUMAN SERVICES dustry feels that there are unmet capital needs, comes through private contributions and [it] should study the issue and provide that through a federal grant. No funds for aging needs, study information to the Legislature.” The governor also deleted a $250,000 ap- The new health and human services law propriation to enhance the U of M-adminis- Gov. Arne Carlson line-item vetoed two still will spend nearly $58 million to improve tered Project Inform, a program designed to provisions totaling $125,000 from a $58 mil- salaries of nursing home workers, provide provide K-12 students and families with in- lion health and human services spending food stamps for legal immigrants, ensure formation about post secondary education plan the Legislature approved. food safety, and support a variety of other and advice on planning for college. The pro- The governor struck down $100,000 ear- projects. gram began in 1987 and involves all sectors of marked for the Metropolitan Area Agency on Rep. Lee Greenfield (DFL-Mpls) and higher education in the state. Aging. The money was to be used for techni- Sen. Don Samuelson (DFL-Brainerd) spon- “I believe that the Department of Chil- cal support and planning services. sored the new measure. dren, Families and Learning should be in- “It is inappropriate that one particular HF2868/SF3346*/CH407 volved in such important K-12 activities and area agency on aging should receive funding object to [its] non-involvement in this pro- for administrative support when the other posed solution,” the governor said.

66 Dead Bills

Bills considered, not passed Editor’s note: While New Laws 1998 focuses on bills that were approved by the Legislature, it is also important to mention some of the bills that received attention during the session but did not become law. Because this is the second year of the two-year spending cycle, such bills are dead and will have to be officially reintroduced next year if lawmakers want to take them up again.

AGRICULTURE

Feedlot regulation A $17.2 million omnibus environment, natural resources, and agricultural spending A bill that called for a moratorium on construction of large, new animal feedlots was rejected by law sets down several new regulations for lawmakers during the 1998 Legislative Session. animal feedlots, but one hotly debated pro- sored the moratorium bill (SF2970) in the statement. That fee would have been unaf- posal did not make the cut. Senate, where the measure had a hearing in fected by the bill. A proposed two-year moratorium on the the Senate Agricultural and Rural Develop- Supporters of the bill said banks encour- creation of large feedlots was initially ap- ment Committee but stalled there. age the use of ATMs, because they are cheaper proved by the House but not by the Senate. than tellers. And they said that ATM owners The provision was dropped by a House-Sen- are compensated by the consumer’s bank ate conference committee on the omnibus BANKING with an “interchange fee,” so the fee charged environment measure (HF3799/SF3353*/ by the ATM owner is unnecessary. CH401). ATM transaction fees Proponents also argued that large banks An animal feedlot is a lot or a building or with large ATM networks use the surcharge combination of lots or buildings used to A bill that would have prohibited auto- imposed at the machine to attract accounts feed, breed, raise, and hold animals. They are matic teller machine (ATM) surcharges by away from smaller banks, since the banks do designed as confinement areas, and manure certain financial institutions cleared the not assess the surcharge against their own accumulates in basins on the feedlots. There House Financial Institutions and Insurance customers. are an estimated 45,000 feedlots in Committee but never came up for a vote on Opponents of the bill said such a policy Minnesota. the House floor. could reduce availability of ATMs and hurt Some who live near feedlots say odors can The bill, sponsored in the House by competitiveness in the banking industry. be overwhelming, and others report being Rep. Irv Anderson (DFL-Int’l Falls), would ATMs are a convenience that is paid for by plagued by headaches, nausea, and upper- have prevented banks that own more than user fees, bill critics said. respiratory problems. four ATMs from assessing a surcharge for use The Senate version of the bill, sponsored The failed provision would have placed a of the machines. Sen. John Hottinger (DFL-Mankato), stalled moratorium on any new permits for con- As originally introduced, the bill would in committee. struction of feedlots for 750 animal units or have applied to banks that own more than HF2292/SF2728 more (one animal unit equals one slaughter two machines, but Anderson offered an steer or heifer) or the expansion of open-air amendment to address concerns about the manure storage structures. The moratorium potential impact on smaller banks. Banking service fees would have lasted until July 1, 2000. ATM users are usually hit with two fees for A bill that would have tried to persuade House sponsor Rep. Doug Peterson (DFL- each transaction. One fee is assessed by their banks to place limits on checking account Madison) withdrew his moratorium legisla- bank; the other is assessed by the bank that fees, disclose transaction fees, and establish tion (HF3320) at a February meeting of the owns the machine. Anderson’s bill would special low-fee “lifeline” checking accounts House Agriculture Committee, when it be- have addressed only the latter fee, which failed to find approval this year. came apparent the measure did not have usually comes in the form of a charge at the The state can’t directly regulate federally enough support to be approved. time of the transaction at an ATM not owned chartered financial institutions, but the bill He resurrected the plan later, and it be- by the customer’s bank network. would have used state and local government came part of the omnibus environment bill Customers then often find a separate fee deposits and loan programs as incentives to initially approved by the House. assessed by their own bank on their monthly get them to comply with fee limits. Sen. Tracy Beckman (DFL-Bricelyn) spon-

67 Dead Bills

The measure would have required state banks and credit unions to limit their check- ing account charges to be eligible to be de- positories for state and local government accounts or to take part in state and local government-sponsored loan programs. The bill also would have required those financial institutions to disclose their service charges on a standard form, and the form would have been required to show the actual cost of the service. Under the bill, financial institutions also would have been required to offer “lifeline” checking accounts with overdraft charges lim- ited to $15 and monthly maintenance fees capped at $3. The House bill was heavily amended, and its final form included only a section that would have limited checking account service charges. Still, the measure was rejected by the House Financial Institutions and Insurance Committee. The Senate bill was referred to the Senate Commerce Committee, but it never received Gov. Arne Carlson and state lawmakers dropped plans to bring the decommissioned USS Des Moines a hearing. to Duluth’s harbor after voters in that city rejected the notion of using the Navy ship to create a new Rep. Karen Clark (DFL-Mpls) and Sen. tourist attraction. Linda Higgins (DFL-Mpls) sponsored the not authorize the sale of the bay-front prop- opment of Minnesota’s youngest citizens legislation. erty if voters rejected the plan. stalled in a House-Senate conference HF1278/SF1493 Critics of the plan said that the ship was not committee. an appropriate symbol to honor veterans, The lack of agreement between the two and they feared the city would eventually bodies on a predetermined revenue source BONDING incur the cost of maintaining the ship. for the children’s fund was a contributing The governor initially announced that he factor in the bill’s demise. USS Des Moines would only take the city referendum under The House version of the bill would have Gov. Arne Carlson’s proposal to relocate advisement. However, without the support submitted the following amendment to vot- the decommissioned USS Des Moines to of the city, the governor was forced to con- ers in the November 1998 election: “Shall the Duluth’s harbor was torpedoed by city voters cede that the proposal was dead. Minnesota Constitution be amended to cre- and excluded from the 1998 bonding bill. The USS Des Moines proposal was intro- ate a permanent endowment fund to en- The 716-foot navy cruiser, now docked in duced as a provision in a larger bill contain- hance the development of young children Philadelphia, was the centerpiece of the ing all of the governor’s bonding through the age of four?” governor’s $14 million plan to establish a recommendations. And although parts of Research indicates the portions of the brain veterans memorial park on the shore of Lake that bill were included in the final bonding that control language, emotions, and logical Superior. The plan called for the World measure, the USS Des Moines provision did reasoning develop before a child heads off to War II-era ship to be leased from the U.S. not make it into either of the House or Senate kindergarten, House sponsor Rep. Navy, refurbished, and towed to Duluth’s bonding bills. Nora Slawik (DFL-Maplewood) said. The harbor. That bill was sponsored by Rep. fund would have been used to supplement The governor argued that the ship would Dave Bishop (R-Rochester) and Sen. state spending on activities that heighten be a fitting tribute to veterans in all branches Gary Laidig (R-Stillwater). awareness of the importance of early brain of the military and to Minnesota workers HF3242/SF2575 stimulation and further research into early who supplied the iron ore used in ships like childhood development. Had the amendment been successful at the the USS Des Moines. CHILDREN However, city voters disagreed. In a polls, the exact source of funding would have been decided by the 1999 Legislature, under March 4, 1998, referendum authorized by Children’s endowment fund the Duluth City Council, 60 percent of voters the House bill. Potential sources of initial funds for the endowment included surplus rejected the USS Des Moines proposal. Al- A bill that would have allowed voters to dollars in state coffers, a portion of the pro- though the referendum was non-binding, establish a constitutionally protected ceeds from the state’s tobacco settlement, the Duluth Economic Development Author- children’s endowment fund to improve the and tax-deductible contributions from indi- ity had previously announced that it would physical, intellectual, and emotional devel- viduals, corporations, and foundations.

68 Dead Bills

Proponents compared the idea to the Min- Debt collectors using aliases nesota Environmental and Natural Resources CONSUMERS Trust Fund — supported by state lottery Collection agents may give a name when revenue — that was established by a consti- Rent-to-own contracts they call to demand payment from debtors, tutional amendment in 1988. but it isn’t necessarily the agent’s real name. The rent-to-own industry would have been Critics argued that the environmental fund A proposal that would have prohibited back in business in Minnesota, under a bill is different because voters knew beforehand collection agents from operating under as- debated in the Legislature this year. exactly how that fund would be structured sumed names failed to win legislative ap- A bill that would have regulated rent-to- and financed. proval this year. own contracts passed the Senate in 1997. But The Senate version of the bill would have House sponsor Rep. Dan McElroy for the second year in a row, the bill never renamed the state permanent school trust (R-Burnsville) said that of the 100 or so pro- received a vote on the House floor. fund as the “children’s endowment fund.” fessions regulated by the state of Minnesota, Currently, a court order requires rent-to- The school trust fund, which is currently debt collectors are the only professionals al- own businesses to comply with laws that managed by the Department of Natural Re- lowed to use phony names. make rental-purchase transactions financially sources, is supported by income from timber Carol Trebelhorn, president of the Minne- impractical for Minnesota businesses. Prior sales and state land leases. Proceeds are di- sota Association of Collectors, told legisla- to the order, many consumers complained vided annually among school districts across tors the right to use an assumed name was that rent-to-own retailers financed purchases the state. Under the Senate bill, money from negotiated with the Department of Com- at exorbitant interest rates after tacking on a the school trust fund would instead have merce 10 years ago. variety of costs to a product’s base price. been earmarked for activities that support Currently, debt collectors must register Retailers who previously engaged in the the development of children through age six. their given and assumed names with the practice now simply rent goods without the Sen. John Hottinger (DFL-Mankato) spon- department. option to buy. sored the measure in the Senate. Collectors are required to identify them- Rent-to-own stores offer goods and ser- HF3167/SF2775 selves when they telephone someone, she vices without credit checks, down payments, said, and if there is a complaint, the real name or deposits. Instead, a payment plan is estab- is easily traced through those records. Child Guide Program lished based on the store’s listed purchase Aliases are a matter of safety because tele- price of the item, any additional fees, and A proposal to expand the successful Child phone collectors are frequently placed in interest. Guide Program in Willmar, Minn., won ini- hostile situations, Trebelhorn said. Two- Proponents of the measure said that rental- tial approval in the House but failed to make thirds of the collectors are women, and col- purchase agreements give the working poor it into the final version of an omnibus family lectors often make between 65 and 100 calls the chance to obtain big-ticket items such as and early childhood education bill. per day. televisions and stereos. The $225,000 measure was folded into the Although he is sympathetic to their poten- House sponsor Rep. Thomas Pugh (DFL- House version of the omnibus bill. However, tial vulnerability, McElroy said, other risky South St. Paul) said he got involved because the Senate version did not contain an appro- professions, such as social work or law en- “it seemed to make more sense that you priation for the program, and the provision forcement, are not granted the same could own [an item] at the end of the rental was deleted by a House-Senate conference anonymity. period.” committee. “I think it’s a matter of consistency,” Under the bill, retailers would have had to The Child Guide Program serves as a link McElroy said. “The essence of fairness is limit their purchase agreements’ ancillary between at-risk kindergarten through eighth- consistency.” charges — such as set up, delivery, and grade students and adult volunteer mentors. Sen. Edward Oliver (R-Deephaven) spon- finance fees — to an amount equal to the The Willmar program receives students sored the measure in the Senate. original cash price of the item. referred by concerned teachers, parents, or HF2510/SF2155 The bill also would have required rent-to- community volunteers and matches the own agreements to clearly state that the mer- youths with mentors who take on the task of chandise may be available from other sources CRIME redirecting the child’s focus toward positive at a cheaper price. activities such as music lessons, sports, or David Ramp, of the Legal Aid Society of Curbing repeated violence scouts. Minneapolis, said that the bill would do noth- Nearly 200 volunteers and close to 80 local A bill to crack down on repeat violent ing to protect consumers from excessive in- businesses, organizations, and agencies in offenders did not become law this session. terest on rent-to-own agreements. In fact, he the Willmar area currently are active in the The bill, sponsored by Rep. Charlie Weaver argued, the legislation is just a way of getting Child Guide Program. (R-Anoka), would have required life impris- around the court order. Rep. Al Juhnke (DFL-Willmar) and Sen. onment for criminals convicted of three vio- “It’s an industry bill touted as consumer Tracy Beckman (DFL-Bricelyn) sponsored lent felony-level crimes. protection,” Ramp said. the measure. Responding to critics who argued that a Sen. Deanna Wiener (DFL-Eagan) HF2593/SF2561 blanket approach would be unfair, Weaver sponsored the measure in the Senate. later amended his bill to exempt some felony HF997/SF865 offenses typically classified as violent from the list of applicable crimes.

69 Dead Bills

Weaver also added language that would A number of factors affect the body’s abil- the education credit for taxpayers with in- have given judges discretion in applying the ity to process alcohol, including duration of comes between $30,500 and $34,500. For life prison term under certain circumstances. the drinking, weight, ingestion of food, and each $4 of income over $30,500 that a family Opponents of the proposal cited figures gender. A standard drink would be a earns, the maximum per-child credit would from the Sentencing Guidelines Commis- 12-ounce glass of beer, a 5-ounce glass of have decreased by $1. At an income level of sion suggesting that the proposal could mean wine, or a 1.5-ounce shot of hard alcohol. $34,501, families would have been ineligible a substantial increase in prison costs over the Supporters of the 0.08 percent limit said to receive a credit. next 30 years. studies done by the NHTSA show that most Although the proposal would have de- Weaver countered that cost savings would drivers, even experienced drivers, are signifi- creased the amount of the credit for families be seen in other areas because Minnesota’s cantly impaired at the 0.08 percent level. who earn between $30,500 and $33,500, Rest most dangerous criminals would be behind These studies also show that the risk of being said it would have “treat[ed] Minnesota fami- bars. killed in a single-vehicle crash for drivers at lies fairly” by eliminating the cliff. Weaver’s bill was included in the omnibus concentration levels between 0.05 percent But Rep. Alice Seagren (R-Bloomington) judiciary finance and crime prevention legis- and 0.09 percent is 11 times higher than said that the proposed change would have lation (HFnone/SF3345*/CH367) passed by drivers with no alcohol. been unfair to families whose benefit would the House. However, the provision was not Opponents argued that the new standard be reduced. included in the Senate’s version of the bill. would unfairly target social drinkers and take “The message has long been out that at Members of a House-Senate conference valuable resources from the real problem, $33,500 you get the full credit,” she said. committee could not agree on the provision, repeat DWI offenders — who typically drive “People may already be looking at computer and it was removed from the omnibus with a blood-alcohol concentration well purchases or tutoring to take advantage of measure. above the current 0.10 percent limit. that credit.” Sen. Thomas Neuville (R-Northfield) Opponents cited the fact that NHTSA stud- And although the proposal did not make it sponsored the “three-strikes” bill in the ies also show that the average blood-alcohol into law, the 1998 omnibus K-12 education Senate. content found among drunk drivers is funding law (HF2874*/SF3378/CH398) does HF24/SF300 0.16 percent and that 80 percent of all DWIs contain some slight modifications to the tax are over 0.14 percent. credits passed in 1997. The bill was sponsored by Sen. Leo Foley One such provision specifies which driver’s DWI (DFL-Anoka) in the Senate. education programs are eligible to apply to- HF2389/SF2099 ward the credits. A second provision gives Legal blood-alcohol limit school districts permission to charge fees for certain activities, which parents can apply Members of a House-Senate conference toward the credit. SCHOOL committee could not hammer out a compro- EDUCATION HF2364/SFnone mise on a bill to change Minnesota blood- alcohol standard before final adjournment. Claiming education tax credits Separate versions of the DWI bill passed The state and failing schools the two bodies but stalled in a conference A plan that would have helped Minnesota A plan that would have allowed the state to committee as legislators struggled to work parents whose income puts them just over take over failing schools stalled this year. out the differences between the bills. the eligibility limit for taking advantage of tax The proposal would have measured a The House version of the bill, sponsored breaks included in a 1997 education law stalled school’s performance based on its scores on by Rep. Matt Entenza (DFL-St. Paul), would in the Legislature this year. the new statewide tests. Schools showing poor have lowered the standard for legal drunken- The proposal would have replaced the spe- scores over several years could have eventu- ness in Minnesota from 0.10 percent to cific income-level cutoff for claiming educa- ally been turned into state-sponsored charter 0.08 percent. tion tax credits with a gradual phase-out of schools, over which school districts would The Senate version would have applied the the amount of credit a family can claim. lose their authority. lower 0.08 percent limit only to repeat DWI A law passed in the Legislature’s 1997 First The bill, sponsored by Rep. Joe Opatz offenders. The 0.10 percent limit would have Special Session allowed families with incomes (DFL-St. Cloud), stalled in the K-12 Educa- applied for all other drivers. of up to $33,500 to claim up to $1,000 per tion Finance Division of the House Educa- Proponents of the lower standard for all child and $2,000 per family as a tax credit for tion Committee, where Rep. Mindy Greiling drivers argued that the new standard is rea- education-related expenses. Families with (DFL-Roseville) called it “harmful overkill.” sonable and that it would result in a reduc- incomes of $33,501 and higher are currently And Rep. Lyndon Carlson (DFL-Crystal), tion in Minnesota’s DWI-related traffic not eligible for any credit. chair of the full Education Committee, said it fatalities. “We’re doing a disservice to Minnesota was not clear that the state could do a better job The average male would have to drink four families by creating a cliff,” said Rep. of running at-risk schools than districts could. standard drinks in an hour, and the average Ann H. Rest (DFL-New Hope), who spon- Under Opatz’s plan, schools showing a female would have to drink three standard sored this year’s proposal aimed at correcting 1 percent increase in scores would have been drinks in an hour to reach that level, accord- the cliff effect. “We don’t do this in any other eligible for reward money, while schools ing to the National Highway Transportation tax policy that involves a credit in this state.” showing a 5 percent decrease would have Safety Administration (NHTSA). Rest’s plan called for gradually phasing out been candidates for state assistance.

70 Dead Bills

That assistance would have included state- But despite that opposition, the Education appointed educators sent in to monitor the Committee recommended that the bill pass. EMPLOYMENT schools. After several years without improve- It was later voted down in the House Trans- ment, schools could have been converted portation and Transit Committee. Unpaid parental leave into charter schools and the new board of HF2919/SFnone directors would have had the authority to fire A bill that would have increased the length or demote teachers. of unpaid parental leave to which certain new Opatz said that state takeover likely would ELECTIONS parents are entitled failed to make it into law be a rare event. in 1998. Currently, employees of firms with more “But what alternative do we have?” he Elected Metropolitan Council asked. “Do we just throw up our hands?” than 50 workers are entitled under federal law to 12 weeks of leave following the birth or Opponents of the bill included teachers A bill that would have made members of adoption of a child. unions and school districts. the Metropolitan Council stand for election Minnesota law provides six weeks of un- Minneapolis Public Schools Superinten- every four years came up short in 1998, fol- paid leave for parents working for companies dent Carol Johnson criticized a provision lowing a gubernatorial veto of a similar pro- with more than 21 employees. A bill spon- that would have allowed students to transfer vision in 1997. sored by Rep. Joe Mullery (DFL-Mpls), would from failing schools to successful schools. Created by the Legislature in 1967, the have extended that to 12 weeks and allowed She said already issues of space “are no small Metropolitan Council is responsible for re- the leave to begin at any time within 12 weeks task” in Minneapolis schools. gional planning in the Twin Cities Metro- of birth or adoption. Sen. Steve Kelley (DFL-Hopkins) spon- politan Area. It’s one of the largest regional “This is a bill which is in conformity with the sored the measure in the Senate, where it governments in the country and oversees the history of this body,” Mullery said when his stalled in the Senate Children, Families and regional bus system, wastewater collection measure was approved by the House Learning Committee. and treatment facilities, and Metro Mobility, Labor-Management Relations Committee. The HF3214/SF2957 a transit operation that serves senior citizens legislation later passed on the House floor, but and people with disabilities. did not come up for a vote in the Senate. Its 1998 operating budget is $294 million, Students riding public buses Minnesota was one of the first states to partially paid by property taxes. It has about grant any parental leave, but in the last de- A bill that would have allowed more stu- 3,700 employees and is governed by 16 coun- cade the federal government and several other dents from the St. Paul and Minneapolis cil members — each appointed by the gover- states have passed laws allowing longer un- school districts to ride public transit buses to nor and representing a different part of the paid leaves. and from school did not become law this region — and a chair. Pat McGovern, of the University of year. The bill would have made those members Minnesota’s School of Public Health, testi- Several thousand students from those dis- stand for election beginning in 2003. An fied that studies show longer leaves signifi- tricts already ride Metro Transit buses, espe- earlier version included a provision that cantly improve both the mother’s health and cially for after-school activities. would have required candidates for the the baby’s development. But Rep. Len Biernat (DFL-Mpls), who Metropolitan Council to also be candidates She also cited a study showing that more sponsored the legislation in the House, said for the county board in their home county. than 90 percent of employers reported little current law sets some barriers to districts That provision was deleted by the time the or no increased costs or disruptions associ- entering into certain kinds of agreements bill got to the House floor. ated with parental leaves. with transit companies — agreements that Supporters of the bill said that the council But Michael Hickey, of the National Fed- proponents say could save the districts a has many of the powers of a legislative body eration of Independent Business-MN, said substantial amount of money. — including taxing authority — and there- the proposal would have “very negative im- “This bill is a way of allowing for contin- fore, should be accountable to the people plications” for small businesses. ued dialogue,” Biernat said during a hearing whose lives are affected. “How do these businesses try to continue before the House Education Committee. Opponents said that the bill would add on and remain profitable with the loss of a “Any issue would still have to be approved by another unnecessary level of government. key person for three months?” he asked. “On the local school board and the Met Council.” The House defeated the bill on a 67-66 vote. a six-week basis, you probably haven’t heard Judy Miller, a parent living in St. Paul, House bill sponsor Rep. Myron Orfield (DFL- any complaints because anyone can carry on testified against the proposal, citing issues of Mpls) has introduced several bills in recent for six weeks.” safety that include longer ride times, having years calling for an elected Metropolitan Coun- Tom Hesse, of the Minnesota Chamber of bus stops located further from homes, and cil, including one in 1997 that passed the Leg- Commerce, said requiring small businesses the potential danger to children having to islature but was vetoed by Gov. Arne Carlson. to allow unpaid leave may eliminate explora- transfer downtown. Sen. Carol Flynn (DFL-Mpls) sponsored tions of options, like flexible scheduling and She also said the plan may hurt the city’s the Senate bill. The bill was approved by the job-sharing, that may be more beneficial for program of voluntary desegregation, with Senate Local and Metropolitan Government everyone. many parents not wanting their children to Committee and the Senate Election Laws Mullery said his bill would not affect those ride public transit buses across town. Three Committee. However, the bill did not get a employers already making acceptable ar- other St. Paul mothers also testified against vote on the Senate floor. rangements for new parents. the bill. HF2588/SF2670

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“But if we relied solely on the good will of A bill that would have finalized the status have restructured state law to focus on joint employers, we wouldn’t need unions, we of motors in the federally protected wilder- decision-making between the two divorced wouldn’t need labor laws . . . we wouldn’t ness preserve failed to survive the parents. have slave shops around the world,” he said. 1998 Legislative Session. Under current law, the courts establish Sen. Ellen Anderson (DFL-St. Paul) spon- The bill would have ensured that the phas- custody in situations where the placement of sored the measure in the Senate. ing out of motors that was agreed upon in the the child is an issue after marriage dissolu- HF3444/SF3188 federal 1978 Boundary Waters Canoe Area tion. Courts designate a custodial parent, Wilderness Act continued on schedule. and all decisions concerning the child are Raising the minimum wage House sponsor Rep. John Tuma made by that parent. (R-Northfield) said the bill was intended to Under Dawkins’ proposed language, par- A proposal to raise the minimum wage by counter pro-motorboat legislation intro- ents involved in marriage dissolution pro- 75 cents failed to become law this year. duced in Congress by U.S. Sen. ceedings would have been provided the option Rep. Tom Rukavina (DFL-Virginia) spon- and U.S. Rep. James Oberstar. to compose a plan that would ensure signifi- sored a measure that would have set the Tuma’s proposal was met with major op- cant participation by both parents in all deci- minimum wage for large employers at position from Rep. Tom Bakk (DFL-Cook), sion-making. The document would have $5.90 per hour beginning Sept. 1, 1998. It whose district encompasses the entire outlined visitation and custody issues for the would have set the minimum wage for small BWCAW. child. employers at $5.65 per hour, beginning Bakk said that there were some things in Dawkins said his proposal would have sepa- Jan. 1, 1999, and also would have allowed the 1978 act that were not well planned, rated certain decisions about the care of the employers to pay workers under age 20 a particularly a ban on motorized boats on child from other decisions following mar- wage of $5 per hour for the first 90 days of lakes along the Canadian border. riage dissolution. employment. “Canadians have motors,” he said. “It Dawkins said children too often become The plan was approved by the House makes no sense to allow motors on one side bargaining chips in the divorce negotiations, Labor-Management Relations Committee of an imaginary line and not on the other.” and parents are unable to make concessions but did not come up for a vote on the House Bakk said that Congress and the U.S. For- that they think are in the best interest of the floor. And even supporters of the bill said est Service are trying to deal with that and child. they thought it unlikely the governor would other complicated issues. “In my own law practice, I’ve had fathers have signed such a measure into law. “It shouldn’t be the Legislature that mon- coming in saying, ‘I think it’s OK for Junior Minnesota’s minimum wage was raised to keys with a delicate compromise that was to spend time at his mom’s house,’” Dawkins its current level —$5.15 per hour for employ- reached in 1978,” he said. said. “And I’d have to advise the father not to ees of large businesses — on Sept. 1, 1997. The House bill stalled in the House Envi- say that in court.” Gov. Arne Carlson had vetoed minimum ronment, Natural Resources and Agriculture Parenting plans could possibly be revisited wage hike proposals in 1994, 1996, and dur- Finance Committee. The Senate bill, spon- by the Legislature in the future. Language for ing the regular 1997 session. He finally signed sored by Sen. Steven Morse (DFL-Dakota), the creation of a parental cooperation task the measure passed by lawmakers during the never got a committee hearing. force was included in the omnibus judiciary 1997 Second Special Session because it con- HF2231/SF2002 finance and crime prevention legislation tained the so-called opportunity wage provi- (HFnone/SF3345*/CH367) signed by the sion, which allows for the lower wage paid to governor. workers under 20 years old during their first The task force will explore the use of 90 days on the job. FAMILY parenting plans and other means to decrease Federal minimum wage also increased to Child custody decisions the conflict between parents involved in $5.15 per hour as of Sept. 1, 1997. marriage dissolution, and will make recom- Current Minnesota law does not contain a A bill that would have offered a new pro- mendations to the Legislature and the Min- so-called tip credit — allowing employers to cess for joint parenting following divorce did nesota Supreme Court. pay tipped employees a lower per hour wage not become law this year. Sen. Leo Foley (DFL-Anoka) sponsored with the difference made up from gratuities The bill was added to the omnibus family the parenting plan bill in the Senate. from customers — which Carlson also has law bill which passed the House. However, HF1323/SF1311 said he would support. those provisions were removed by the House- Sen. Randy Kelly (DFL-St. Paul) spon- Senate conference committee when Senate sored the failed measure in the Senate. conferees objected to the plan. GAME & FISH HF3440/SF3151 Rep. Andy Dawkins (DFL-St. Paul) said the Senate members of the conference com- Omnibus game and fish bill ENVIRONMENT mittee simply could not accept the new con- cept in marriage dissolution he pushed for A bill that would have protected Motors in boundary waters this session. Minnesota’s only known white bear, prohib- “It was unfortunate that the Senate just ited the use of underwater video fishing equip- Despite decades of debate, the controversy didn’t want to talk about reform this year,” ment, and required the Department of over the use of motors in the Boundary Wa- he said. Natural Resources (DNR) to increase its wall- ters Canoe Area Wilderness (BWCAW) Dawkins’ parenting plan proposal would eye stocking efforts stalled in the House on continues.

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the last day of the 1998 Legislative Session. which means those fortunate few who win Efforts to revive the omnibus game and the license lottery have good odds for success. fish bill, without the walleye stocking provi- The House Environment, Natural Re- sion, also failed during the subsequent spe- sources and Agriculture Finance Committee cial session (1998 Special Session: HF4/SF6). rolled the bill into an omnibus game and fish A key provision of the House bill would measure (HF2724/SF2712), but that bill never have made it illegal to hunt and kill white came up for a vote on the House floor. bears in Minnesota. Halo, as the state’s lone The Senate version of the moose hunting white bear is known, first appeared at a bear bill stalled in committee. sanctuary near Orr, Minn., in 1997. The DNR Rep. David Tomassoni (DFL-Chisholm) took Halo into protective custody later that and Sen. Don Betzold (DFL-Fridley) spon- year until the close of the fall bear hunting sored the original moose hunting license bill. season. Without a new law to protect white HF3275/SF2499 bears, the agency has said it may shelter Halo again in 1998. Scientists believe Halo may be related to GOVERNMENT the Kermode bears, a species indigenous to British Columbia that is protected from hunt- An evenly divided House? ers under Canadian law. Genetic test results A bill that would have put in place a con- from hair and blood samples taken while tingency plan for electing the speaker of an Halo was in captivity are pending. evenly divided House was approved by one Whether Halo is genetically related to the Halo, the state’s lone white bear, may need the House panel but did not come up for a vote Kermode bears or not, the American Bear protection of the Department of Natural Resources on the floor this year. during the 1998 bear hunting season. An omnibus Association, the DNR, and many hunters Across the 50 states there have been 24 agree that the existence of a white bear in game and fish bill that would have prohibited the taking of white bears in Minnesota never received occasions when the seats in a state senate or Minnesota is very unusual and worth a final vote on the House floor. house of representatives have been evenly protecting. divided between two political parties. With or without legislative approval, the carrying capacity is a waste of time and money. And just about every instance has yielded a DNR has the authority to issue an order Overstocking, the DNR says, can even be different method for choosing the speaker or prohibiting the taking of white bears. If the detrimental to lakes with good levels of natu- majority leader: Some states deferred to the agency were to choose that option over pro- ral reproduction. governor’s party, while others came up with tective custody for Halo this year, the chal- Proponents of increased stocking say that more creative plans (Wyoming elected to lenge would be getting the word out to hunters few lakes are at their carrying capacity and hold a coin-toss). in the bear quota area near Orr. The North due to increased fishing pressure, the DNR When Minnesota found itself in that posi- American Bear Foundation has offered to needs to increase the levels and return to the tion after the 1978 elections, the two parties provide photos and the DNR likely would practice of stocking every year. negotiated a bipartisan leadership. Rep. distribute special informational packets for The Senate passed its version of the omni- (IR-Waseca) became speaker but those hunters with the greatest chance of bus game and fish bill in March, but the full Rep. Irv Anderson (DFL-Int’l Falls) was encountering Halo. House never voted on the measure. named chair of the powerful Rules and Leg- Another provision of the bill would have Rep. Tom Osthoff (DFL-St. Paul) and Sen. islative Administration Committee. Other prohibited the use of underwater video equip- Dennis Frederickson (R-New Ulm) spon- standing committee chairs were selected from ment. The bill, however, did contain an ex- sored the measure. both parties. emption which would have allowed the use HF2724/SF2712 “It took an awful long time to resolve that of underwater video equipment during the situation,” Anderson recalled. production of educational or entertainment Moose odds increase Twenty years later, the former speaker fishing programs. sponsored the bill that would have dictated Although the DNR insists that an increase A bill that would have improved the odds how to proceed when there is a tie vote for in stocking does not necessarily mean more for 10-time losers in the Minnesota moose speaker or any other office in the House. fish for Minnesota anglers, the bill would hunting license lottery failed to win legisla- “I want to say that the introduction of this have required the agency to stock 300 million tive approval in 1998. bill in no way indicates that I expect the walleye fry and 4.4 million walleye finger- The bill would have guaranteed that House to be evenly divided in the near fu- lings each year until field studies prove con- 5 percent of the moose licenses issued each ture,” Anderson said. Currently, DFLers hold clusively that a reduction in the amount of year come from a pool of applicants who a six-seat majority, with elections coming up stocking would not have an adverse effect on have applied at least 10 times to no avail. in November 1998. the walleye population in Minnesota. Roger Holmes, director of the Fish and Wild- Under Anderson’s bill, the candidate nomi- The DNR has reduced the number and life Division of the Department of Natural nated by the caucus of the governor’s party frequency of fish stockings in recent years Resources, told legislators there were 198 per- would have been elected speaker of an evenly after evaluations showed that adding finger- mits issued out of 16,899 applications in 1997. divided House. But all committee appoint- lings to certain lakes that are already at their Holmes said the moose harvest was 152,

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ments would then have been equally divided Opponents of the bills said the Legislature Some lawmakers, including Rep. Kevin from each party. is not like a city council or governing board of Knight (R-Bloomington), said they would “If the people of the state have spoken [and a company, and they pointed out that confer- support selling off the tobacco-related in- said] that they want an even distribution of ence committee meetings are open to the vestment, but felt it was not the job of the political parties, we should abide by that,” public just like regular committee meetings. Legislature to tell the State Board of Invest- Anderson said. “If a speaker is chosen in this ment where to relocate the funds. manner, then he’s still not going to dominate Still, others said they supported the idea of the House because you need 68 votes to pass Small gifts still count investing in pro-Minnesota programs, but a bill.” A provision that would have allowed law- for varying reasons were not in favor of dis- Sen. John Hottinger (DFL-Mankato) spon- makers to receive gifts worth less than $5 criminating against tobacco stocks. sored the Senate bill, which stalled in the from lobbyists was stripped from the omni- “I know I was a co-author of this bill origi- Senate Rules and Administration bus state government finance bill by a House- nally,” said Rep. Mike Osskopp (R-Lake City). Committee. Senate conference committee. “But that must have been the day I quit HF106/SF2921 The plan would have exempted those small smoking — I couldn’t concentrate. gifts from the current ban on public officials “It’s a stupid thing to do investment-wise, Unicameral legislature bills accepting anything of monetary value from when all testimony from the experts is that lobbyists or others with a stake in a govern- tobacco stocks are good investments.” Two bills that would have allowed voters ment decision. Minnesota is one of the 10 states that have to decide if Minnesota should have a uni- Rep. Tom Rukavina (DFL-Virginia), who the most money invested in tobacco, accord- cameral legislature did not make it out of sponsored the measure in the House, said the ing to the American Heart Association. committee in 1998. ban should be relaxed because it limits lobby- But after an initial hearing by the House In the House, a unicameral legislature plan ists’ access to legislators by making even a cup Governmental Operations Committee, the (HF581/SF1355) was rejected by the House of coffee an illegal gift. bill was referred to that committee’s finance General Legislation, Veterans Affairs and Senators who voted down the provision in division, where it did not receive a hearing. Elections Committee. conference committee said they did so be- Sen. Tracy Beckman (DFL-Bricelyn) spon- Sponsored by Rep. Alice Hausman (DFL- cause they felt it was put in the House bill sored the measure in the Senate, where it St. Paul) and Sen. Allan Spear (DFL-Mpls), without sufficient debate and was never stalled in the Senate Governmental Opera- the bill proposed a constitutional amend- brought up in the Senate. tions and Veterans Committee. ment that would have created a unicameral The provision had been amended onto the HF2453/SF2706 legislature with 135 members, each of whom omnibus measure (HF3137/SF3354*/ would serve four-year terms. CH366) in the House Governmental Opera- Business and public subsidies In the Senate, a different attempt at a uni- tions Committee. cameral legislature was voted down by the A bill that aimed to make businesses that Senate Election Law Committee. That bill receive state and local subsidies more ac- (HF158/SF59) would have called for a con- Tobacco investments countable did not become law this year. stitutional amendment that would have cre- In 1997, lawmakers created the Corporate A bill that would have required the State ated a unicameral legislature consisting of Subsidy Reform Commission to evaluate se- Board of Investment to divest 5 percent of its 99 members, also serving four-year terms. lected corporate subsidy programs to ensure tobacco stock did not make it to the House That plan was sponsored by Sen. that the programs serve a public purpose. floor for a vote this year. John Marty (DFL-Roseville) and Rep. The commission examined tax breaks as well The plan would have required not only Mindy Greiling (DFL-Roseville). as direct spending and loans made to the selling the stock, it also called for the pro- Both bills would have placed the question private sector to encourage economic ceeds to be invested in the Minnesota Tech- on the November 1998 ballot. development. nology Equity Fund, a program that assists Some supporters argued the bicameral leg- The bill introduced this year encompassed development in rural Minnesota by offering islature places too much power in the hands many of the recommendations developed by investment capital. of members of conference committees. When the commission. House sponsor Rep. Steve Trimble (DFL- similar bills are approved in the House and The bill would have expanded the current St. Paul) said the investing clause was, to him, Senate, conference committees with mem- law regarding such subsidies. Among other the crux of the bill. bers from each chamber meet to reconcile things, the bill would have outlined in statute “It’s been historically difficult for small the differences. Once agreement is reached in public purposes for subsidies, and would rural companies to find debt-free capital,” he the conference committee, the bill is sent have required state agencies and local gov- told the House Governmental Operations back to each body for final approval. Confer- ernments to create a set of criteria for award- Committee. “I’m saying that I know of a ence committee reports cannot be amended. ing the subsidies. really good use for about $15 million, and I’d Others said a unicameral legislature would The bill would have required that busi- like to take it out of tobacco investments.” be more efficient and less expensive. Most nesses receiving a subsidy enter into an agree- The investment board manages more than city councils, the governing boards of most ment with the agency providing the grant. $27 billion in public money consisting, in businesses, and countries such as Canada all The agreement would have stated the policy large part, of retirement funds for teachers have unicameral governing bodies, propo- goals sought by the subsidy and would have nents said. and state and public employees.

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outlined the financial obligations of the busi- “I think that almost everyone who met cause they are often not discovered until after ness if the goals were not achieved. those candidates understood that both should the two-year deadline. The bill also would have required the busi- have been on the board,” Leighton said. “Un- His bill would have required that legal ness to submit progress reports to the state der this proposal, they both could have been action taken by the patient come within two agency or local government unit. elected.” years of discovering the malpractice or injury The House bill was approved by the House The bill also called for reorganizing the and not after more than six years had passed Local Government and Metropolitan Affairs 24-member Regent Candidate Advisory since the occurrence. Committee and referred to the House Eco- Committee to increase input from both the A separate bill sponsored by Rep. nomic Development and International Trade governor and the minority parties of the Betty Folliard (DFL-Hopkins) went further Committee. House and Senate. Currently, 12 members of than Van Dellen’s proposal by changing the In the Senate, the bill was passed without that committee are chosen by the speaker of statute of limitations for all medical malprac- recommendation by the Senate Jobs, Energy the House and 12 by the Senate Rules and tice cases. and Community Development Committee. Administration Committee. Like Van Dellen’s plan, the Folliard pro- The bill stalled due to a difference in inter- Under Leighton’s plan, the committee posal (HF2491/SF2159) would have required pretation of the bill deadlines by the House would have been reduced to 15 members, to that all actions be initiated within two years and Senate. The Senate concluded that the be chosen as follows: four each by the speaker of discovering the malpractice. However, bill missed the committee deadline in the and the Senate majority leader, two each by Folliard’s bill would have placed a four-year House; therefore, it could not advance in the the House and Senate minority leaders, and limit on the time after the malpractice occur- Senate. three by the governor. rence in which a claim could be made. Rep. Karen Clark (DFL-Mpls) and Sen. The advisory committee recruits and in- Critics of these plans argued that the stat- John Hottinger (DFL-Mankato) sponsored terviews candidates and makes recommen- ute of limitations strikes a balance between the bill. dations to the House and Senate education the rights of plaintiffs and defendants, and HF3252/SF2933 committees. Those committees endorse can- that it is unfair to require defendants to de- didates before the full House and Senate vote fend themselves several years after the fact. on the finalists. In the House, both bills were approved by HIGHER EDUCATION Typically, four regent seats come up for the full House Judiciary Committee and its election in each odd-numbered year; the Civil and Family Law Division, but both Selecting U of M regents 12 regents serve staggered six-year terms. stalled in the Health and Human Services Legislators’ next vote on regent candidates Committee. A proposed change to what some call a will be in 1999. In the Senate, Van Dellen’s companion bill, cumbersome and flawed process for select- Sen. David Ten Eyck (DFL-East Gull Lake), sponsored by Sen. Warren Limmer (R-Maple ing University of Minnesota regents did not who was the Senate chair of the joint sub- Grove), was approved by the Senate Judiciary make it into law this year. committee, sponsored the measure in the Committee but did not make it out of the Under the proposal, regents for the Senate. Health and Family Security Committee. 12-member board would have been selected HF2741/SF2522 The Senate companion to Folliard’s bill based on rural and urban lines rather than did not pass out of the Senate Judiciary Com- congressional district lines, as they are cur- mittee. Sen. Don Betzold (DFL-Fridley) spon- rently chosen. LAW sored that measure. The plan, which was the product of a joint subcommittee of the House and Senate edu- Medical malpractice lawsuits cation committees, was cut from the omni- LOCAL GOVERNMENT bus higher education bill in conference Two bills to extend the deadline to file a committee. medical malpractice case failed to meet the Residency requirements The proposal would have required at least end-of-session deadline and did not become five regents to reside in the seven-county law. A bill that would have repealed residency metro area and at least five to live outside that Current law requires that lawsuits dealing requirements for certain employees of the area. Currently, one regent is chosen from with medical malpractice be initiated within cities of Minneapolis and St. Paul stalled after each of the state’s eight congressional dis- two years of the occurrence of the malprac- it became clear the measure might not be tricts and four at-large members are selected. tice in all cases. necessary. Rep. Rob Leighton (DFL-Austin), who Rep. Todd Van Dellen (R-Plymouth) spon- The principals in the issue hope to iron out sponsored the measure in the House and was sored a bill (HF1151/SF1394) which would a settlement without legislative action, said the House chair of the joint subcommittee, have made an exception to the statute of Rep. Rich Stanek (R-Maple Grove), the bill’s said the greatest benefit of the proposed limitations in three instances: transmission House sponsor. change would have been to eliminate the of a communicable disease by a health care The bill would have repealed the authority district caucuses from the selection process. provider, misdiagnosis of a malignant tu- of the city of Minneapolis, Special School The proposal also addressed an issue faced mor, or medical error where a foreign object District No. 1 (Minneapolis), the city’s li- in 1997 when the 7th Congressional District was left in the body. brary board and park and recreation depart- yielded two desirable candidates for regent Van Dellen said that such cases should be ment, and the city of St. Paul to require city seats and legislators had to chose between them. exempt from the statute of limitations be- residency as a condition of employment.

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State law prohibits cities from doing that, dents should decide if they want the pesti- it was approved by the Senate Governmental but Minneapolis and St. Paul are exempted cides used in their area, but they can’t object Operations and Veterans Committee but from that law. Stanek’s bill would have re- if they don’t know what’s happening. Bill stalled in the Senate Rules and Administra- pealed the exemption. supporters also questioned the effects of resi- tion Committee. In Minneapolis, those who worked for the due left in the area when the spraying trucks HF3613/SF3166 city before 1993 can continue to live where leave. they wish, but new hires must move into the Sponsored by Rep. Mindy Greiling SPORTS city within 18 months. (DFL-Roseville), the House bill was approved Supporters of the bill, including Minne- by the House Local Government and Metro- Metrodome lease agreement apolis police officers and police union offi- politan Affairs Committee, but it never came cials, said the decision to live in a place is a up for a vote on the floor. A Metrodome lease agreement, which pro- personal one and should be based on per- The Senate bill, sponsored by Sen. ponents said would be the one way to ensure sonal choice. Leo Foley (DFL-Anoka), was approved by that baseball stadium funding debates don’t Police officers testified that it’s hard to live the Senate Local and Metropolitan Govern- dominate future legislative sessions, did not in a city where they are working undercover, ment Committee and referred to the Senate make it into law this year. giving tickets, and arresting people. Agriculture and Rural Development Com- The plan would have prohibited the Met- Opponents, including Minneapolis legis- mittee. The bill went no further. ropolitan Sports Facility from contracting lators and Minneapolis Mayor Sharon Sayles HF2320/SF2124 with a professional sports team to play in the Belton, said residency requirements are im- Metrodome for less than a seven-year period. portant for the city to keep residents with The Minnesota Twins signed a contract in good jobs. MILITARY 1978 to play in the Metrodome for 30 years, The House Local Government and Metro- with an option to break the lease if game attendance stayed below the average atten- politan Affairs Committee approved the bill Second NATO resolution in February, but the measure was not de- dance for American League games for three bated on the House floor. A bill that would have called for a state years in a row. The team is currently seeking to City and union officials met in the office of resolution to ask President Clinton and the exercise that option but the Metropolitan Sports House Speaker Phil Carruthers (DFL- U.S. Congress to support the admission of Facility Commission is contesting the move. Brooklyn Center) a few days after the com- the Baltic states of Estonia, Latvia, and The Legislature rejected proposals in 1997 mittee action to try to find a compromise. Lithuania into the North Atlantic Treaty to fund a new outdoor stadium in which the The union agreed to drop its push for the Organization (NATO) passed the House but Twins could play, and the team could be sold legislation. The city agreed to increase mort- did not come up for a vote in the Senate. to an out-of-state buyer. gage subsidies for city employees buying A similar bill (HF2417*/SF2055/Res.5) “We thought we should be able to debate houses there, to stop making employees move concerning Poland, the Czech Republic, and [stadium funding] without the threat of the into the city until a final agreement is reached, the Republic of Hungary was sent to Clinton team leaving,” said Rep. Phyllis Kahn (DFL- and to revisit the policy of off-duty responsi- and members of Congress without the Mpls), who sponsored the proposal in the bilities of officers who live in the city. governor’s signature. House. Stanek said a final agreement should be The U.S. Senate since then has ratified a The plan had bounced in and out of omni- reached sometime during the summer of treaty calling for admitting those three former bus state government finance legislation 1998. Soviet-bloc nations to the 49-year-old peace- (HF3137/SF3354*/CH366) in the House. Sen. Steven Novak (DFL-New Brighton) keeping alliance. All 16 NATO nations must Originally part of that bill, it was voted out by sponsored the Senate companion bill, which ratify the expansion, and the U.S. was the members of the House Governmental Op- was approved by the Local and Metropolitan fifth to do so. erations Committee but later reinserted by Government Committee but never came up The three Baltic states are not included in members of the House Ways and Means on the floor. the potential NATO expansion, but Committee. HF2055/SF2835 Rep. Mark Mahon (DFL-Bloomington), who The stadium provision then survived de- sponsored the measure in the House, said the bate on the House floor, but was finally de- feated by Senate members of the conference Spraying for mosquitoes matter was brought to his attention by a Richfield resident from Latvia who is active committee on the omnibus state govern- A bill that would have required the Metro- in promoting Baltic interests in Minnesota. ment bill. politan Mosquito Control District to notify Rep. Phyllis Kahn (DFL-Mpls), a co-spon- No similar provision was included in the affected property owners before applying sor of the bill, said members of the Baltic Senate version of the state government bill. pesticides died in 1998. community in her district had originally asked The bill would have required the commis- that their countries be included in the first Twins and community ownership sion to notify the local residents, affected resolution. Out of concern that the bill would property owners, and local government units be held up by making last-minute changes, a A plan that would have provided the frame- before spraying the mosquito-controlling second bill was drafted. work for community-based ownership of the chemicals in areas. Sen. Dave Johnson (DFL-Bloomington) Minnesota Twins did not become law this Supporters of the bill said the local resi- sponsored the proposal in the Senate, where year. The plan originally called for state money

76 Dead Bills

from a potential November 1998 budget sur- Sviggum’s bill also would have cut the House bill sponsor Rep. Gail Skare plus to be loaned to a charitable foundation current 6 percent income tax rate to (DFL-Bemidji) said legislators always hear to buy the team. That group could have then 5.35 percent, and cut the current 8 percent how complicated the system is and that some- sold stock to private investors interested in rate to 7.5 percent. That’s basically a perma- times legislators themselves don’t understand keeping the team in Minnesota. nent income tax reduction for all wage- the system. “This bill would send a message that the earners. Some lawmakers suggested that the asso- Legislature of Minnesota is interested in work- Sviggum’s bill stalled in the House Taxes ciation should pay for the video itself, but ing this out, in keeping the Twins here,” said Committee. The Senate companion bill officials from that organization said property Rep. Phyllis Kahn (DFL-Mpls), House spon- (SF2938) was sponsored by Sen. David taxes are a statewide concern. sor of the proposal. “It gives a market test of Knutson (R-Burnsville). Under the bill, educational materials ac- fan and community support for the team.” Van Dellen’s bill (HF2325) also would have companying the video would have been avail- But opponents objected to using surplus designated $522 million for the budget re- able at no cost to the Department of Revenue funds to make a loan to professional baseball. serve account and established an income tax and county governments for distribution to And even after the bill was stripped of reserve account. local media and others. provisions allowing for any public money to The bill also would have reduced property Skare’s bill was included in the House be used, lawmakers on the House Govern- taxes for some commercial property and omnibus tax bill, but was cut in conference mental Operations Committee rejected what apartments with four or more units and pro- committee. remained, which was essentially a blueprint vided income tax reductions similar to those The Senate bill, sponsored by Sen. for setting up a communally owned team called for in Sviggum’s bill. Jim Vickerman (DFL-Tracy), was referred to without state involvement. Van Dellen’s proposal did not progress the Senate Local and Metropolitan Govern- “To vote for this would be to open up the beyond the House Taxes Committee. There ment Committee but never received a House floor to another whole debate about was no Senate companion bill. hearing. baseball and money and stadiums,” Rep. HF3739/SF3325 Tom Osthoff (DFL-St. Paul) said. ‘No-wait’ rebate Sen. Ellen Anderson (DFL-St. Paul) spon- sored the measure in the Senate, where it was A provision that would have given Minne- Tobacco tax increase approved by the Senate Committee on Taxes sota taxpayers an additional “no-wait” re- A bill that would have drastically raised the but did not receive a vote on the Senate floor. bate in the fall of 1998 did not make it out of tax on cigarettes and put the money in the HF3348/SF3106 a House-Senate conference committee. health care access fund, which pays for the The measure was proposed by House DFL state’s subsidized health insurance program, leadership in March, after news that the state’s failed to win passage this year. TAXES forecast budget surplus had grown to The bill also would have reduced the op- $1.9 billion. Permanent income tax cuts portunity for cigarette smokers to smoke and The version of the 1998 omnibus tax bill cigarette manufacturers to advertise and initially approved by the House would have With a forecast budget surplus of promote. provided for the $250 million “no-wait” re- $1.9 billion, some lawmakers unsuccessfully The bill called for the tax on a pack of bate program. This second rebate would have pushed for permanent income tax cuts in cigarettes to go from 27 cents to 75 cents. been equal to one-half of the rebate taxpayers 1998, as opposed to the property tax reduc- Smoking would have been prohibited by got on their 1997 property taxes. The “no- tions and rebates that were ultimately passed state law in any public place or at any public wait” rebate would have capped at $750, into law. meeting except designated areas of bars and under the House bill. Two such House bills that did not pass the restaurants. The proposal did not survive a House- legislative test were measures sponsored by Throwing partially burned cigarettes or Senate conference committee that produced House Minority Leader Steve Sviggum ashes to the ground or out a car window on a the 1998 tax law (HF3840*/SF2985/CH389). (R-Kenyon) and Rep. Todd Van Dellen public street or highway also would have Rep. Dee Long (DFL-Mpls) sponsored the (R-Plymouth). been prohibited. Violators would have been omnibus tax legislation in the House. Sviggum’s bill (HF2322) would have cre- guilty of a misdemeanor. ated a priority for using revenue surpluses. Rep. Phyllis Kahn (DFL-Mpls) sponsored The first $522 million would have gone to the Property tax video the House bill, which stalled in the House budget reserve account, and the rest would Taxes Committee. Sen. Sandra Pappas have gone to an income tax reserve account. A bill that would have provided money to (DFL-St. Paul) sponsored the companion Money in the latter account could only have produce a video educating people about the bill, which never emerged from the Senate been used for income tax reductions. A modi- state’s property tax system and how it works Health and Family Security Committee. fied version of this was enacted as part of the did not make the final cut. HF3693/SF3164 omnibus tax law (HF3840*/SF2985/CH389). The bill, which would have allotted $50,000 (Under that law, the first $622 million of for the production of the video, had the surplus goes to the budget reserve account, backing of the Association of Minnesota and the next $200 million goes to a new tax Counties, which wanted to produce the video reform and reduction account.) for viewing by members of the public, elected officials, administrators, and journalists.

77 Summary

Summary by Title Resolutions State lottery proceeds dedication to Environment and Natural Congress memorialized to support the admission of Poland, Czech Resources Trust Fund ...... 87 Republic and Republic of Hungary to NATO ...... 81 Red tag issuance authorized for underground petroleum storage President and Congress memorialized to enact the Aircraft Repair tank violations ...... 87 Station Safety Act of 1997 ...... 81 State park additions and deletions specified ...... 87 A resolution to remove Medicaid policy barriers to employment for Personal watercraft operation restrictions increased...... 87 people with disabilities...... 81 U.S. memorialized to resolve differences between the province of Financial Institutions & Insurance Ontario and the state of Minnesota regarding Canadian waters Savings Association Act maintained...... 87 and the taking of fish ...... 81 Automobile insurance program reduction provided for completion of an accident prevention course ...... 87 Agriculture Health insurance basic Medicare supplement plans coverage for Agricultural marketing and bargaining advisory committee diabetes equipment ...... 87 established ...... 82 Customer loss or theft of a debit card limited liability provided ...... 87 Industrial hemp use study ...... 82 Township mutual insurance companies permitted investments Veterinarians allowed to dock horses ...... 82 expanded ...... 87 Investments of Insurers Act adopted ...... 87 Commerce, Tourism & Consumer Affairs Reinsurance intermediary brokers funds investment authority Watercraft trailers and ATVs exempt from motor vehicle sales on regulation ...... 87 Sunday prohibition ...... 82 Financial institutions consumer credit issuance and reporting equal Manufactured home park owners limited dealer’s licenses ...... 82 treatment of spouses ...... 88 Building and construction contract lien and claim waivers and Life insurance company investments and transactions regulations subcontractor payments regulated ...... 82 modified ...... 88 Corporate professional and professional services definitions Trust companies regulation provisions modification ...... 88 expanded ...... 82 Financial institutions mail loan solicitations regulation ...... 88 Trademarks and service marks regulated ...... 82 Workers’ compensation self insurance regulation provisions Electronic message reliability and certification authorities required .... 82 modification ...... 88 Board provisions modifications ...... 83 Insurance company affiliates rebating activities prohibition ...... 88 Accountant licensing provisions modified ...... 83 Minnesota Residential Mortgage Originator and Servicer General Legislation, Veterans Affairs & Elections Licensing Act ...... 83 Gulf War vet bonus program modified ...... 88 Residential mortgage loans regulated, and table funding Four Chaplains Day designation ...... 88 requirements established ...... 83 Voter record address change updates ...... 88 Air carriers agreements franchise law retroactive exemption Ramsey County open absentee ballot system pilot program application exclusions ...... 83 extension ...... 88 Omnibus liquor bill ...... 83 Absentee voting eligibility expansion ...... 88 Minneapolis absentee voting pilot project ...... 89 Economic Development & International Trade Elections provisions modifications for constitutionality purposes ...... 89 Landlord and tenant law recodified, clarified, and relocated ...... 83 Constitutional amendment to abolish office of state treasurer ...... 89 Local government units corporations creation clarification ...... 83 Governmental Operations Education Local government unit aid distribution clarification in township Omnibus family and early childhood education programs annexation...... 89 supplemental appropriations ...... 84 Director of Office of Technology membership to various Omnibus higher education supplemental appropriations ...... 84 organizations clarified ...... 89 Omnibus K-12 education statutes recodification provided...... 84 Public employees insurance program expansion ...... 89 Omnibus K-12 education bill...... 85 CFL and Economic Security reorganization codified ...... 89 Rural finance authority and housing finance electronic meetings Environment & Natural Resources authority permanency ...... 89 Fish house restrictions and license periods modified ...... 86 Employee relations department experimental or research projects Merchandise pallets unauthorized possession or damage authority expansion...... 89 prohibitions ...... 86 State agencies regulatory rules and programs policy and obsolete, Qualified landfills authorized to accept materials from closed unnecessary or duplicative rules regulation ...... 89 dumps ...... 86 Public employee labor agreements ratified...... 90 Board of Water and Soil Resources hearing and review provisions Compensation increase provided for state employees on leave modified ...... 86 serving as Red Cross disaster volunteers ...... 90 Ramsey and Washington counties state trail extended ...... 86 Administration department provisions modifications ...... 90 MERLA; statute of limitations provided for filing of actions under State agencies procurement process modification ...... 90 MERLA ...... 87 Omnibus pensions bill...... 90

78 Summary

Health & Human Services Labor-Management Relations Rural hospital flexibility program ...... 91 Re-employment insurance technical changes ...... 97 Commissioner of health public water supply approval authority Standard collection procedure exemption provided to overpaid modified ...... 91 re-employment insurance benefits ...... 97 Long-term nursing care facility payroll documentation procedures Workers’ compensation benefits special compensation fund modified ...... 91 reimbursement requirement elimination ...... 97 Day training and rehabilitation services business arrangements use Public safety dispatchers as essential employees under PELRA...... 97 and rate variance mechanism flexibility ...... 91 Hibbing taconite company employees additional re-employment Industrial Hygienist and Safety Professional Title Protection Act insurance benefits ...... 97 adopted ...... 91 Employers nursing mothers accommodations requirement ...... 97 Health plan coverage for off-label use of drugs ...... 91 Hepatitis B immunization required for children ...... 91 Local Government & Metropolitan Affairs Federal Drug Enforcement Administration registration number Norman County Medical Center bid exemption ...... 98 requirement exemption provided ...... 91 Hennepin County board small purchase limit increased ...... 98 Speech-language pathologist, unlicensed mental health practitioner, Ramsey County purchases from health care cooperatives ...... 98 alcohol and drug counselor, physical therapists, and hearing Public officers contract interest authority clarification ...... 98 instrument dispenser licensure requirements modified ...... 91 Audited financial statement copies provided to members of the Emergency medical care automatic external defibrillators use local unit of government ...... 98 liability immunity...... 92 Dakota County dangerous dog registration system city Nonprofit health care trust agreements or transactions regulation ..... 92 administration provided ...... 98 Health plan companies durable medical equipment coverage Headwaters Regional Development Commission nonprofit housing requirement ...... 92 corporation establishment authority ...... 98 Omnibus health and human services bill ...... 92 Cartways established by town boards upon owner petition ...... 98 Chisago County recorder appointment; Rush City easements ...... 98 Judiciary Olmsted County auditor/treasurer made an appointed position ...... 98 Revisor’s bill ...... 93 Dakota County Housing and Redevelopment Authority employees Uniform Certification of Questions of Law Act adopted ...... 94 not deemed county employees without county board Real property conveyance provisions modified...... 94 consent ...... 98 Tenant security deposit interest rate increase ...... 94 County recorder and registrar functions provided additional Guardians and conservators appointment provisions modifications .. 94 methods ...... 98 Elderly housing definition modification for discrimination Local government services advisory council membership increase prohibition exemption purposes ...... 94 and appointment process clarification ...... 98 Interstate emergency management assistance compact ...... 94 County optional forms of government adoption referendum Real estate document filing and recording fees modified ...... 94 procedure clarification ...... 99 Civil commitment release on provisions modified ...... 94 Counties authorized to provide grants to nonprofit community DWI repeat offenders sentencing to intensive supervision and food shelves...... 99 incarceration ...... 94 Metropolitan Council and agency contractors affirmative action Food donors’ liability limit...... 94 plan requirements ...... 99 Nonprofit corrections treatment facilities liability limit ...... 94 Metropolitan Council and agency contractors affirmative action Financial institutions liability immunity for stolen or fraudulent plan requirements ...... 99 checks information release to criminal alert networks or law Minneapolis civilian police review authority provided ...... 99 enforcement agencies ...... 95 Child and medical support enforcement administration process Regulated Industries & Energy modification ...... 95 Petroleum product specifications modified ...... 99 Open adoption agreements modified ...... 95 Lawful gambling revisions ...... 99 Minnesota Free Flow of Information Act disclosure provisions ...... 95 Combined school districts extended area telephone service voting Prenatal alcohol abuse voluntary reporting and legislative report requirements modification ...... 99 provided...... 95 Long-distance telephone provider slamming and loading disclosure Omnibus crime bill ...... 95 requirements expanded ...... 99 Government data classification and dissemination provisions ...... 96 One-call excavation notice system modification ...... 99 Sex offender treatment and release notification requirements Decorative gas lamp prohibition variance provided...... 100 modification ...... 96 Electric industry restructuring comprehensive study required ...... 100 Child support enforcement provisions modifications ...... 96 Hunting and fishing rights confirmed and constitutional Taxes amendment proposed ...... 96 Gasoline and special fuels tax provisions recodification and Sex offender registration law expanded ...... 96 clarification ...... 100 Advanced health care directive provisions modified ...... 96 Tax provisions technical corrections and administrative changes ...... 100 Child welfare reform ...... 96 Property tax rebate for tax pre-payments ...... 100 Revisor’s bill ...... 97 Limited partnership withdrawals regulated ...... 100 Low income housing tax credit allocation and compliance monitoring review provided ...... 100

79 Summary

Transportation & Transit Telephone assistance plan provisions modifications ...... 103 Emergency vehicle signal operation modification...... 100 Tornado relief bill ...... 103 Bicycle racks and storage facilities advertisements, public art and Omnibus tax bill ...... 103 informational signs placement and maintenance authority ...... 101 Farmer-lender mediation act provisions modified ...... 104 Motor vehicle dealers licensing requirements exemption for Omnibus environment and natural resources bill ...... 104 charitable organizations ...... 101 Omnibus bonding bill ...... 104 Trunk Highway 95 designated as State Trooper Timothy Bowe Memorial Highway ...... 101 Intrastate hazardous material carriers provided continuation of 1998 Special Session uniform registration and permit program...... 101 Economic loss arising from the sales of goods provision effect on Omnibus transportation bill ...... 101 civil actions based on fraud clarified ...... 105 Driver’s license provisions modifications ...... 101 Revisor’s bill correcting miscellaneous oversights, inconsistencies, Department of Transportation housekeeping bill ...... 101 ambiguities, unintended results, and technical errors ...... 105 License provisions clarified ...... 102 Omnibus economic development, housing, family and early childhood education programs supplemental Ways & Means appropriations ...... 105 Payment of claims against the state ...... 102 Omnibus state departments bill ...... 102 Omnibus jobs, housing and economic development ...... 102

80 Summary

E TH STA OF T I L E DU N E L TO OR ’E D O L A F Technical summaries of bills sent to the governor E M S

T I

N

A

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E

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Editor’s Note: The Summary section of New Laws 1998 includes information about all T A H 157 bills and four resolutions the Legislature (House and Senate) approved during the T 1858 1998 session. Of the bills the Legislature approved, Gov. Arne Carlson vetoed 11 and line-item vetoed RESOLUTIONS four. Most of the bills in this section are categorized numerically by chapter number under the House committee of origin (the committee to which the speaker of the House first referred Congress memorialized to support the them). Each entry includes: a brief title; House file, Senate file, and chapter numbers; chief admission of Poland, Czech Republic authors; the official technical title as it appeared on the version of the bill the governor and Republic of Hungary to NATO considered; the enactment date; and the effective date(s). HF2417* (Jaros) The following term definitions will be helpful in reading this section: SF2055 (Pogemiller) Resolution 5: a resolution memorializing • Enactment date — The date the governor signed the bill into law. Congress to support the admission of Po- land, the Czech Republic, and the Republic • † — The bill was filed or became law without the governor’s signature. of Hungary to the North Atlantic Treaty Organization. • Vetoed — The governor did not approve the bill. Filed: 3/4/98†

• Line-item veto — The governor signed the appropriations bill, but vetoed individual President and Congress memorialized item(s) which were objectionable. to enact the Aircraft Repair Station Safety Act of 1997 • * — An asterisk marks the version of the bill the House and Senate approved and passed HF3250* (Garcia) on to the governor. SF2786 (Pappas) Resolution 6: a resolution memorializing • Effective date — Each act takes effect at 12:01 a.m. on the day it becomes effective, unless the President and Congress of the United the act specifies a different time. States to enact the Aircraft Repair Station Safety Act of 1997. • Aug. 1, 1998 — Each act the governor signs into law, except for those that make Filed: 3/18/98† appropriations, takes effect on Aug. 1 following its final enactment, unless the act specifies a different date. A resolution to remove Medicaid policy barriers to employment for • July 1, 1998 — An appropriations act, or an act having appropriations items, takes effect people with disabilities at the beginning of the first day of July following its final enactment, unless the act specifies HF3258 (Greenfield) a different date. SF2699* (Lourey) Resolution 7: a resolution memorializing • Upon local approval — A special law requiring approval from the local government unit the Congress of the United States to remove it affects becomes effective the day after the local governing body files a certificate with the Medicaid policy barriers to employment for secretary of state, unless the act specifies a later date. people with disabilities. Filed: 3/18/98† • Various dates — Different articles or sections of the act have different effective dates which are cited at the end of each article. U.S. memorialized to resolve differences between the province of • With exceptions — An act is effective, for the most part, on one particular date, but there Ontario and the state of Minnesota are some minor exceptions. regarding Canadian waters and the taking of fish • With qualifications — The act adds conditions to the effective date. HF3854* (Anderson, I.) SF3406 (Stumpf) • Retroactive — The act or parts of the act go into effect as of a specified date in the past. Resolution 8: a resolution memorializing the United States government to resolve cer- If you would like a copy of a bill, call the House Chief Clerk’s Office, (651) 296-2314, or tain differences between the province of the Senate Information Office, (651) 296-2343. Ask for the bill by Chapter number or by the Ontario and the state of Minnesota. House or Senate file number if no Chapter number appears. Filed: 4/2/98† Bills also are available on the Legislature’s World Wide Web site (http:// www.leg.state.mn.us).

81 Summary

Corporate professional and professional services definitions expanded HF2641 (Rest) SF2378* (Junge) COMMERCE, TOURISM Chapter 309: relating to business organiza- AGRICULTURE** tions; defining the terms “professional” and & CONSUMER AFFAIRS “professional services” as they relate to pro- fessional corporations and professional firms; Agricultural marketing and bargaining Watercraft trailers and ATVs exempt regulating professional health services; advisory committee established amending Minnesota Statutes 1996, section HF2708* (Juhnke) from motor vehicle sales on Sunday prohibition 319A.02, subdivisions 2, 3, and by adding a SF2414 (Frederickson) subdivision; Minnesota Statutes 1997 Supple- HF2425 (Anderson, I.) Chapter 373: relating to agriculture; provid- ment, sections 319A.02, subdivision 2a; SF2170* (Lessard) ing for associations of producers; setting dis- 319B.02, subdivisions 17, 19, and by adding Chapter 267: relating to recreational vehicles; pute resolution procedures; establishing an a subdivision; and 319B.40. exempting licensed sellers of certain trailers advisory committee; amending Minnesota Enactment: 3/23/98 from certain contract or franchise require- Statutes 1996, sections 13.99, subdivision 6d; Effective: 3/24/98 17.692; 17.693, subdivisions 1, 2, and 6; ments; exempting dealers in certain trailers from the prohibition against sale of motor 17.694, subdivisions 1, 2, 3, 6, and 7; 17.696, Trademarks and service marks vehicles on Sunday; amending Minnesota subdivision 2; 17.697; 17.698; 17.70, subdivi- regulated sions 1, 2, and 3; 17.701; proposing coding Statutes 1996, sections 168.27, subdivision HF2315* (Leppik) for new law in Minnesota Statutes, chapter 22; and 168.275. SF2344 (Oliver) 17; repealing Minnesota Statutes 1996, Enactment: 3/5/98 Chapter 315: relating to commerce; regulat- section 17.699. Effective: 8/1/98 (Sec. 1); 3/6/98 (Sec. 2) ing trademarks and service marks; defining Enactment: 4/9/98 terms; providing remedies; amending Min- Effective: 8/1/98 Manufactured home park owners limited dealer’s licenses nesota Statutes 1996, sectons 333.18; 333.19, subdivision 1; 333.20, subdivisions 1 and 2; Industrial hemp use study HF3148 (Kubly) 333.21, subdivision 2; 333.23; 333.24; 333.25; HF349 (Kahn) SF2047* (Novak) 333.26; and 333.29, subdivision 1; proposing SF1181* (Moe, R.D.) Chapter 280: relating to commerce; regulat- coding for new law in Minnesota Statutes, Chapter 394: relating to agriculture; provid- ing sales of manufactured homes; authoriz- chapter 333; repealing Minnesota Statutes ing for an industrial hemp study. ing limited dealer’s licenses in certain cir- 1996, section 325D.165. Vetoed: 4/21/98 cumstances; amending Minnesota Statutes Enactment: 3/23/98 VETOED 1996, section 327B.04, by adding a Effective: 8/1/98 Veterinarians allowed to dock horses subdivision. Enactment: 3/16/98 HF2065 (Winter) Electronic message reliability and Effective: 3/17/98 SF816* (Dille) certification authorities required Chapter 402: relating to public administra- HF2706 (Kahn) tion; providing exceptions to cruelty in trans- Building and construction contract SF2068* (Kelley) portation provisions for carrying certain ani- lien and claim waivers and Chapter 321: relating to commerce; provid- mals; changing certain animal shelter require- subcontractor payments regulated ing for the reliability of electronic messages; ments; providing for alternative dispute reso- HF2601* (Mullery) providing for certification authorities; pro- lution for certain matters; delaying the effect SF2677 (Wiener) viding licensing and enforcement powers; of a repealer; requiring a report; amending Chapter 289: relating to commerce; regulat- defining terms; providing rulemaking; Minnesota Statutes 1996, sections 343.24; ing lien or claim waivers and subcontractor amending Minnesota Statutes 1997 Supple- 343.40, subdivision 2; and 346.38, subdivi- payments in building and construction con- ment, sections 325K.01, subdivisions 6, 11, sions 4 and 5; Laws 1986, chapter 398, article tracts; modifying the redemption period for 18, 21, 27, 35, 39, and by adding a subdivi- 1, section 18, as amended; proposing coding property sold at a mechanic’s lien foreclosure sion; 325K.03; 325K.05, subdivisions 1, 4, 5, for new law in Minnesota Statutes, sale; amending Minnesota Statutes 1996, sec- 6, and 7; 325K.07, subdivisions 2 and 3; chapter 583. tion 514.15; Minnesota Statutes 1997 Supple- 325K.10, subdivision 1; 325K.12, subdivi- Enactment: 4/20/98 ment, section 337.10, subdivisions 2 and 3. sion 4; 325K.13, by adding a subdivision; Effective: 7/1/99 (delays sunset until); 1/5/99 Enactment: 3/18/98 325K.14, subdivisions 1, 2, 3, 5, and by add- (report due) Effective: 8/1/98 (Secs. 1, 3); 8/1/97 (Sec. 2, ing a subdivision; 325K.15, subdivisions 3 retroactive) and 7; 325K.18, subdivisions 1 and 2; and 325K.25, subdivision 1; proposing coding for new law in Minnesota Statutes, chapter 325K; repealing Minnesota Statutes 1997 Supple- ment, sections 325K.05, subdivision 3;

82 ** See also Ways & Means Summary

325K.06, subdivisions 3, 4, and 5; 325K.13, Residential mortgage loans regulated, subdivisions 2 and 3; and 325K.14, and table funding requirements subdivision 7. established Enactment: 3/23/98 HF2971 (Entenza) Effective: 8/1/98 SF2489* (Solon) Chapter 344: relating to commerce; regulat- ECONOMIC DEVELOPMENT Board provisions modifications ing residential mortgage loans; establishing HF1116 (Sekhon) table funding requirements; proposing cod- & INTERNATIONAL TRADE** SF1814* (Scheid) ing for new law in Minnesota Statutes, Chapter 324: relating to professions; modi- chapter 82. Landlord and tenant law recodified, fying provisions relating to the board of ar- Enactment: 3/31/98 clarified, and relocated chitecture, engineering, land surveying, land- Effective: 8/1/98 HF661* (Biernat) scape architecture, geoscience, and interior SF663 (Higgins) design; amending Minnesota Statutes 1996, Air carriers agreements franchise law Chapter 253: An act relating to landlords sections 326.04; 326.05; 326.07; 326.09; retroactive exemption application and tenants; recodifying, clarifying, and relo- 326.10, subdivisions 2 and 7; 326.13; and exclusions cating landlord tenant law; proposing coding 599.14; repealing Minnesota Statutes 1996, HF3841 (Entenza) for new law as Minnesota Statutes, chapter section 326.08. SF3397* (Spear) 504A; repealing Minnesota Statutes 1996, Enactment: 3/23/98 Chapter 353: relating to commerce; elimi- sections 504.01; 504.012; 504.015; 504.02; Effective: 8/1/98 nating retroactive application of air carrier 504.03; 504.04; 504.05; 504.06; 504.07; 504.08; franchise exemption to pending litigation; 504.09; 504.18; 504.181, subdivisions 2 and Accountant licensing provisions amending Laws 1997, chapter 222, 3; 504.183; 504.185; 504.20; 504.201; 504.21; modified section 61. 504.22; 504.23; 504.24; 504.245; 504.246; HF2308* (Slawik) Enactment: 4/2/98 504.25; 504.255; 504.257; 504.26; 504.265; SF2014 (Oliver) Effective: 5/31/97 (retroactive) 504.27; 504.28; 504.29; 504.30; 504.31; 504.32; Chapter 340: relating to accountants; modi- 504.36; 566.01; 566.02; 566.021; 566.03; fying licensing provisions; providing for firm Omnibus liquor bill 566.04; 566.051; 566.06; 566.07; 566.08; licensure; authorizing rulemaking; amend- HF2695 (Tunheim) 566.09; 566.10; 566.11; 566.12; 566.13; 566.14; ing Minnesota Statutes 1996, sections SF2274* (Solon) 566.15; 566.16; 566.17; 566.175; 566.18, sub- 326.165; 326.17; 326.18; 326.19; 326.20; Chapter 364: relating to liquor; regulating divisions 1, 2, 3, 4, and 5; 566.19; 566.20; 326.211; 326.212, subdivisions 1, 4, 5, and by beer brewers and wholesalers; providing for 566.205; 566.21; 566.22; 566.23; 566.24; adding a subdivision; 326.22, subdivision 2; the obligations of successors; allowing the 566.26; 566.27; 566.28; 566.29; 566.291; 326.223; 326.228; and 326.229, subdivisions commissioner of public safety to issue on- 566.30; 566.31; 566.32; 566.33; 566.34; and 3, 4, 6, and by adding a subdivision; propos- sale licenses to Giants Ridge and Ironworld 566.35; Minnesota Statutes 1997 Supplement, ing coding for new law in Minnesota Stat- Discovery Center; modifying restrictions for sections 504.181, subdivision 1; 504.215; utes, chapter 326; repealing Minnesota Stat- temporary on-sale licenses; authorizing issu- 566.05; 566.18, subdivision 6; and 566.25. utes 1996, sections 326.191; 326.21; and ance of temporary on-sale licenses to state Enactment: 2/18/98 326.225. universities; regulating malt liquor sampling; Effective: 7/1/99 Enactment: 3/31/98 authorizing certain cities to issue additional Effective: 8/1/98 on-sale licenses; amending Minnesota Stat- Local government units corporations utes 1996, sections 325B.01; 325B.14; creation clarification Minnesota Residential Mortgage 340A.404, subdivision 10, and by adding a HF2700 (Harder) Originator and Servicer Licensing Act subdivision; 340A.410, subdivision 10; SF2192* (Frederickson) HF2983 (Tunheim) 340A.412, subdivision 4; and 340A.510, sub- Chapter 360: relating to corporations; clari- SF2966* (Scheid) division 2; Laws 1994, chapter 611, fying the application of certain statutory re- Chapter 343: relating to mortgages; enact- section 32, as amended. quirements for corporations created by po- ing the Minnesota Residential Mortgage Enactment: 4/6/98 litical subdivisions; authorizing the ratifica- Originator and Servicer Licensing Act; estab- Effective: Various dates tion of a nonprofit corporation by Brown lishing licensing and enforcement mecha- County; amending Minnesota Statutes 1997 nisms; amending Minnesota Statutes 1996, Supplement, section 465.715, by adding a sections 47.206, subdivision 1; 82.17, subdi- subdivision. vision 4; 82.18; and 82.27, subdivision 1; Enactment: 4/7/98† proposing coding for new law as Minnesota Effective: 4/8/98 (Sec. 1); 7/10/90 Statutes, chapter 58; repealing Minnesota (retroactive) with qualifications Statutes 1996, section 82.175. Enactment: 3/31/98 Effective: Various dates

** See also Ways & Means, Special Session 83 Summary

Omnibus higher education 121.207, subdivisions 2 and 3; 121.585, sub- supplemental appropriations divisions 2, 6, and 7; 121.615, subdivision 11; HFnone (Pelowski) 121.704; 121.705, subdivision 2; 121.706; SF3297* (Stumpf) 121.707, subdivisions 3, 4, 5, 6, and 7; 121.708; Chapter 384: relating to appropriations; ap- 121.710, subdivisions 2 and 3; 121.831, sub- EDUCATION propriating money for higher education and divisions 6, 7, 8, 9, 10, 11, and 12; 121.835, related purposes to the Higher Education subdivisions 4, 5, 7, and 8; 11.8355, subdivi- Services Office, the board of trustees of the sions 2, 3, 5, and 6; 121.88, subdivisions 2, 3, Omnibus family and early childhood Minnesota State Colleges and Universities, 4, 6, 7, and 9; 121.882, subdivisions 1, 2b, 3, education programs supplemental and the Board of Regents of the University of 7, 7a, 8, and 9; 121.885, subdivisions 1 and 4; appropriations Minnesota, with certain conditions; amend- 121.904, subdivisions 1, 2, 3, 4c, and 13; HF2803 (Kinkel) ing Minnesota Statutes 1996, sections 121.906; 121.908; 121.911; 121.912, subdivi- SF2532* (Piper) 136A.101, subdivision 7b; and 136F.46, sub- sions 1a, 1b, 2, 3, 5, and 6; 121.9121, subdivi- Chapter 365: relating to children; clarifying division 1; Minnesota Statutes 1997 Supple- sions 2 and 4; 121.914, subdivisions 2, 3, 4, 5, certain terms and applicability of certain pro- ment, sections 41D.03, subdivision 4; and 6, 7, and 8; 121.917; 122.01; 122.02; 122.03; grams; providing for licensing assistance, 136A.121, subdivision 5; Laws 1996, chapter 122.21; 122.22, subdivisions 1, 4, 5, 6, 7a, 9, outreach, and training; allowing grants for 366, section 6, as amended; Laws 1997, chap- 13, 14, 18, 20, and 21; 12.23, subdivisions 2, school-age child care programs; allowing cer- ter 183, articles 1, section 2, subdivision 6; 2b, 3, 6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 16c, 18, tain grants for statewide adult basic educa- and 2, section 19; repealing Minnesota Stat- 18a, and 20; 122.241; 122.242, subdivisions tion; providing for review of certain orders utes 1996, section 137.01. 1, 3, 8, and 9; 122.243; 122.245, subdivision 2; by the commissioner of children, families, Enactment: 4/9/98 122.246; 122.247, subdivisions 2 and 2a; and learning; establishingVETOED a cash flow ac- 122.248; 122.25, subdivisions 2 and 3; 122.32; count for energy assistance funds; allowing Line-item vetoes: 122.34; 122.355; 122.41; 122.43; 122.44; migrant and seasonal farmworkers to carry Page 4, Sec. 4, Lines 47-57; and 122.45, subdivisions 2 and 3a; 122.46; 122.47; out community action programs; changing Page 5, Sec. 4, Lines 1-14 122.48; 122.531, subdivisions 2c, 5a, and 9; provisions for family day care licensure; ap- 122.5311, subdivision 1; 122.532, subdivi- propriating money; amending Minnesota Effective: 4/10/98 (Sec. 6); 7/1/98 (balance) sions 2, 3a, and 4; 122.535, subdivisions 2, 3, Statutes 1996, sections 119B.10, by adding a 4, 5, and 6; 122.541, subdivisions 1, 2, 4, 5, 6, subdivision; 119B.18, subdivision 2, and by Omnibus K-12 education statutes and 7; 122.895; 122.91, subdivisions 2, 2a, 3a, adding subdivisions; 119B.19, subdivisions recodification provided 4, and 6; 122.93, subdivisions 3 and 8; 122.95, 1, 4, and by adding subdivisions; 120.1701, HF2174 (Kelso) subdivisions 1, 1a, 2, and 4; 123.11, subdivi- subdivision 5; 121.8355, by adding a subdivi- SF2082* (Pogemiller) sions 1, 2, 3, 4, and 7; 123.12; 123.13; 123.15; sion; 124.26, subdivision 1c; 245A.06, subdi- Chapter 397: relating to education; recodi- 123.33, subdivisions 1, 2, 2a, 3, 4, 6, 7, 11, and vision 2; 256.045, subdivision 6, and by add- fying and making technical amendments to 11a; 123.335; 123.34, subdivisions 1, 2, 7, 8, 9, ing a subdivision; 268.52, subdivisions 1 and kindergarten through grade 12 education stat- 9a, and 10; 123.35, subdivisions 1, 2, 4, 5, 8a, 2; 268.54, subdivision 2; and 290.067, subdi- utes; amending Minnesota Statutes 1996, sec- 9b, 12, 13, 15, 19a, 19b, 20, and 21; 123.351, vision 2; Minnesota Statutes 1997 Supple- tions 120.02, subdivisions 1, 13, 14, 15, and subdivisions 1, 3, 4, 5, 8, and 8a; 123.3513; ment, sections 119B.01, subdivision 16; 18; 120.06, subdivisions 1 and 2a; 120.062, 123.3514, subdivisions 3, 4b, 4d, 5, 6, 6b, 7a, 119B.02; 119B.061, subdivisions 1, 2, 3, and subdivisions 4, 5, and 8a; 120.0621, as and 7b; 123.36, subdivisions 1, 5, 10, 11, 13, 4; 119B.075; 119B.10, subdivision 1; 119B.13, amended; 120.064, subdivisions 4, 4a, 5, 7, 9, and 14; 123.37, subdivisions 1, 1a, and 1b; subdivisions 1 and 6; 119B.21, subdivisions 11, 12, 13, 14, 15, 17, 19, 20, 21, 22, and 24; 123.38, subdivisions 1, 2, 2a, 2b, and 3; 123.39, 2, 4, 5, and 11; 121.88, subdivision 10; 256.045, 120.075, subdivisions 1, 2, 3a, and 4; 120.0751, subdivisions 1, 2, 8, 8a, 8b, 8c, 8d, 8e, 9a, 11, subdivision 7; 268.53, subdivision 5; and subdivisions 1, 2, 3, 4, and 5; 120.0752, sub- 12, 13, 14, 15, and 16; 123.40, subdivisions 1, 466.01, subdivision 1; Laws 1997, chapter divisions 1, 2, and 3; 120.08; 120.101, subdi- 2, and 8; 123.41; 123.582, subdivision 2; 162, article 1, section 18, subdivision 8; ar- visions 5a, 7, 8, 9, and 10; 120.102, subdivi- 123.63; 123.64; 123.66; 123.681; 123.70, sub- ticle 3, section 8, subdivision 3; article 4, sions 1, 3, and 4; 120.103, subdivisions 3, 4, 5, divisions 2, 4, and 8; 123.702, subdivisions 1, section 63, subdivisions 2 and 3; Laws 1997, and 6; 120.11; 120.14; 120.17, subdivisions 1, 1b, 2, 3, 4, 4a, 5, 6, and 7; 123.704; 123.7045; chapter 248, section 47, subdivision 1; Laws 1b, 2, 3, 3a, 3b, 3d, 4, 4a, 5, 5a, 6, 7, 7a, 8a, 9, 123.71; 123.72; 123.75, subdivisions 2, 3, and 1997, First Special Session chapter 4, article 10, 16, 18, and 19; 120.1701, subdivisions 2, 5; 123.751, subdivisions 1, 2, and 3; 123.76; 10, section 3, subdivision 2; and Laws 1997, 4, 5, 6, 7, 8, 8a, 9, 10, 11, 12, 15, 17, 19, 20, 21, 123.78, subdivisions 1a and 2; 123.79, subdi- First Special Session chapter 5, section 29; and 22; 120.172, subdivision 2; 120.173, sub- vision 1; 123.799, as amended; 123.7991, sub- proposing coding for new law in Minnesota divisions 1, 3, 4, and 6; 120.1811; 120.182; division 3; 123.801; 123.805; 123.932, subdi- Statutes, chapter 268. 120.183; 120.185; 120.188; 120.189; 120.190; vision 1b; 123.933; 123.935, subdivisions 1, Vetoed: 4/3/98 120.59; 120.60; 120.61; 120.62; 120.63; 120.64; 2, 4, 5, and 6; 123.936; 123.9361; 123.9362; 120.66; 120.73, subdivisions 1, 2a, 2b, 3, and 123.947; 124.06; 124.07, subdivision 2; 4; 120.74; 120.75; 120.76; 120.80; 121.11, sub- 124.078; 124.08; 124.09; 124.10, subdivisions division 7; 121.1115, subdivisions 1 and 2; 1 and 2; 124.12; 124.14, subdivisions 2, 3, 3a, 121.155; 121.201; 121.203, subdivision 1; 4, 6, 7, and 8; 124.15, subdivisions 2, 2a, 3, 4,

84 Summary

5, 6, and 8; 124.17, subdivisions 1f, 2, 2a, 2b, 125.135; 125.138, subdivisions 1, 3, 4, and 5; 9; 124.83, subdivision 1; 124.86, subdivision and by adding subdivisions; 124.175; 124.19, 125.16; 125.17, subdivisions 2b, 3, 3b, 4, 5, 6, 2; 124.91, subdivision 5; 124.912, subdivi- subdivision 5; 124.195, subdivisions 1, 3, 3a, 7, 8, 9, 10, 10a, 11, and 12; 125.18; 125.181; sions 1 and 6; 124.918, subdivisions 1, 6, and 3b, 4, 5, 6, and 14; 124.196; 124.2131, subdi- 125.183, subdivisions 1, 4, and 5; 125.184; 8; 124A.22, subdivisions 2, as added, 6, 11, visions 1, 2, 3a, 5, 6, 7, 8, 9, and 11; 124.214; 125.185, subdivisions 1, 2, 4, 5, and 7; 125.187; 13, and 13b, as added; 124A.23, subdivisions 124.225, subdivisions 7f, 8l, 8m, and 9; 125.188, subdivisions 1, 3, and 5; 125.1885, 1, 2, and 3; 124A.28, subdivision 3; 124C.45, 124.227; 124.239, subdivision 3; 124.242; subdivision 5; 125.189; 125.1895, subdivi- subdivision 1a; 125.05, subdivision 1c; 125.12, 124.248, subdivisions 1 and 1a; 124.255; sion 4; 125.211, subdivision 2; 125.230, sub- subdivision 14; 126.22, subdivisions 2, 3a, 124.26, subdivision 1c; 124.2601, subdivi- divisions 4, 6, and 7; 125.231, subdivision 3; and 8; 126.23, subdivision 1; 126.51, subdivi- sion 7; 124.2605; 124.2615, subdivision 4; 125.53; 125.54; 125.60, subdivisions 2, 3, 4, sion 1; 126.531, subdivision 3; 126.72, subdi- 124.2711, as amended; 124.2713, subdivi- 6a, and 8; 125.611, subdivisions 1 and 13; vision 2; 126.77, subdivision 1; and 129C.10, sion 7; 124.2715, subdivision 3; 124.2716, 125.62, subdivisions 2, 3, and 7; 125.623, subdivision 3; proposing coding for new law subdivisions 1 and 2; 124.2725, subdivision subdivision 3; 125.702; 125.703; 125.704, as Minnesota Statutes, chapters 120B; and 15; 124.2726, subdivisions 1, 2, and 4; subdivision 1; 125.705, subdivisions 1, 3, 4, 120C; repealing Minnesota Statutes 1996, 124.2727, subdivisions 6a, as added, 6c, as and 5; 125.80; 126.05; 126.12; 126.13; 126.14; sections 16B.43; 120.71; 120.72; 120.90; 122.2; added, and 9; 124.273, subdivisions 3, 4, 6, 126.15, subdivisions 2 and 3; 126.1995; 126.21, 122.532, subdivision 1; 122.541, subdivision and 7; 124.276, subdivisions 1 and 3; 124.278, subdivisions 3 and 5; 126.22, subdivisions 5 3; 123.35, subdivision 10; 123.42; 124.01; subdivision 3; 124.311, subdivision 1; 124.32; and 6; 126.235; 126.239, subdivision 1; 124.19, subdivision 4; 124.2725, subdivisions 124.3201, subdivisions 5, 6, and 7; 124.322, 126.262, subdivisions 3 and 6; 126.264; 1, 2, 3, 4, 5, 6, 7, 9, 10, 12, 13, 14, and 16; subdivision 1; 124.35; 124.37; 124.38, subdi- 126.265; 126.266, subdivision 1; 126.267; 124.312, as amended; 124.38, subdivision 9; visions 1, 4a, and 7; 124.381; 124.39; 124.40; 126.36, subdivisions 1, 5, and 7; 126.43, sub- 124.472; 124.473; 124.474; 124.476; 124.477; 124.41, subdivision 3; 124.42, as amended; divisions 1 and 2; 126.48, subdivisions 1, 2, 3, 124.478; 124.479; 124.71, subdivision 2; 124.431, subdivisions 4, 5, 6, 10, 12, 13, and 4, and 5; 126.49, subdivisions 1, 5, 6, and 8; 124A.02, subdivisions 15 and 16; 124A.029, 14; 124.44; 124.46, as amended; 124.48, as 126.50; 126.501; 126.51, subdivisions 1a and subdivision 2; 124A.03, subdivision 3b; amended; 124.492; 124.493, subdivision 1; 2; 126.52, subdivisions 5 and 8; 126.531, sub- 124A.22, subdivision 13f; 124A.225, subdivi- 124.494, subdivisions 1, 2, 2a, 3, 5, and 7; division 1; 126.54, subdivisions 1, 2, 3, 4, 5, sion 6; 124A.31; 124C.55;124C.56; 124C.57; 124.4945; 124.511; 124.573, subdivisions 2, and 6; 126.56, subdivision 6; 126.69 subdivi- 124C.58; 125.10; 126.84, subdivision 6; 2b, 2e, 2f, 3, 3a, and 5a; 124.625; 124.63; sion 1; 126.70, subdivisions 1 and 2a; 126.72, 127.01; 127.08; 127.09; 127.10; 127.11; 127.12; 124.646; 124.6462; 124.6469, subdivision 3; subdivisions 3 and 6; 126.78, subdivision 4; 127.13; 127.15; 127.16; 127.17, subdivision 2; 124.647; 124.6471; 124.6472; 124.648, as 126.84, subdivisions 1, 3, 4, and 5; 126A.01; 127.21; and 127.23; Minnesota Statutes 1997 amended; 124.71, subdivision 1; 124.72; 126B.01, subdivisions 2 and 4; 126B.10; Supplement, sections 124.2725, subdivision 124.73; 124.74; 124.75; 124.755, subdivisions 127.02; 127.03; 127.04; 127.17, subdivisions 11; 124.313; 124.314; and 124A.26. 2, 3, 4, 5, 6, 7, 8, and 9; 124.82, subdivisions 1 1, 3, and 4; 127.19; 127.20; 127.40, subdivi- Enactment: 4/21/98 and 3; 124.83, subdivision 8; 124.84, subdivi- sion 4; 127.41; 127.411; 127.412; 127.413; Effective: 8/1/98 (recodification); 7/1/98 sions 1 and 2; 124.85, subdivisions 2, 2a, 2b, 127.42; 127.44; 127.45, subdivision 2; 127.455; 2c, 5, 6, and 7; 124.86, subdivisions 1, 3, and 127.46; 127.47, subdivision 2; 127.48; Omnibus K-12 education bill 4; 124.90; 124.91, subdivisions 4 and 6; 129C.10, subdivisions 3a, 3b, 4, and 6; and HF2874* (Kelso) 124.912, subdivisions 7 and 9; 124.914; 129C.15; Minnesoa Statutes 1997 Supple- SF3378 (Pogemiller) 124.916, as amended; 124.98, subdivisions 2, ment, sections 120.05; 120.062, subdivisions Chapter 398: relating to state government; 3, and 7; 124.95, subdivision 1; 124.97; 3, 6, and 7; 120.064, subdivisions 8, 10, 14a, education and educational programs; kin- 124A.02, subdivisions 1, 3a, 20, 21, 22, 23, and 20a; 120.101, subdivisions 5 and 5c; dergarten through grade 12; providing for and 24; 124A.029, subdivisions 1, 3, and 4; 120.1015; 120.1701, subdivision 3; 120.181; general education; special education; inter- 124A.03, subdivisions 2, 2a, and 3c; 121.1113, subdivision 1; 121.615, subdivi- agency service, lifelong learning, and tech- 124A.0311, subdivisions 2, 3, and 4; 124A.032; sions 2, 3, 9, and 10; 121.831, subdivision 3; nology; facilities and organization; policies 124A.034; 124A.035; 124A.036, as amended; 121.88, subdivision 10; 121.882, subdivision promoting academic excellence; education 124A.04, as amended; 124A.22, subdivisions 2; 121.904, subdivision 4a; 121.912, subdivi- policy issues; libraries; state agencies; miscel- 2a, 5, 8, 12, and 14, as added; 124A.225, sion 1; 123.35, subdivision 8; 123.3514, sub- laneous provisions; appropriating money; subdivisions 4 and 5; 124A.29; 124A.30; divisions 4, 4a, 4e, 6c, and 8; 123.7991, subdi- amending Minnesota Statutes 1996, sections 124C.07; 124C.08, subdivisions 2 and 3; vision 2; 124.155, subdivisions 1 and 2; 124.17, 43A.17, subdivisions 9 and 10; 120.03, subdi- 124C.09; 124C.12, subdivsion 2; 124C.41, subdivisions 1 and 4; 124.195, subdivisions 2, vision 1; 120.06, subdivision 2a; 120.064, subdivision 4; 124C.45, subdivision 1; 7, and 10; 124.2445; 124.2455; 124.248, sub- subdivision 5; 120.101, subdivision 3; 120.17, 124C.49; 124C.498, as amended; 124C.60, divisions 3 and 4; 124.26, subdivision 2; subdivisions 1, 2, 3, 3a, 3b, 6, 7, 7a, 9, and 15; subdivision 2; 124C.72, subdivision 2; 124.2601, subdivision 6; 124.2615, subdivi- 120.1701, subdivisions 2, 5, 11, and 17; 124C.73, subdivision 3; 125.03, subdivisions sion 2; 124.2713, subdivision 8; 124.321, sub- 120.173, subdivisions 1 and 6; 120.73, subdi- 1 and 6; 125.04; 125.05, subdivisions 1, 1a, 6, divisions 1 and 2; 124.322, subdivision 1a; vision 1; 121.11, subdivision 7d; 121.1115, by and 8; 125.06; 125.09; 125.11; 125.12, subdi- 124.323, subdivision 1; 124.41, subdivision adding a subdivision; 121.14; 121.148, subdi- visions 1a, 2, 2a, 3, 3b, 4, 6, 6a, 6b, 7, 8, 9, 9a, 2; 124.431, subdivisions 2 and 11; 124.45, vision 3; 121.16, by adding subdivisions; 10, 11, and 13; 125.121, subdivisions 1 and 2; subdivision 2; 124.481; 124.574, subdivision 121.1601, subdivision 2; 121.908, subdivi-

85 Summary

sions 2 and 3; 122.23, subdivisions 2b and 6; tion 71; Laws 1997, First Special Session chap- Merchandise pallets unauthorized 123.34, subdivision 9; 123.35, subdivision ter 4, article 1, sections 58 and 61, subdivision possession or damage prohibitions 19a; 123.3514, by adding a subdivision; 3; article 2, section 51, subdivisions 2, 4, 5, 25, HF2696 (Munger) 123.39, subdivision 1, and by adding a subdi- 29, and 33; article 3, sections 23, by adding a SF2402* (Stevens) vision; 123.805, subdivision 1; 123.935, sub- subdivision, and 25, subdivision 4; article 4, Chapter 282: relating to commerce; prohib- divisions 1 and 2; 124.078; 124.14, subdivi- sections 34 and 35, subdivision 9; article 5, iting the unauthorized possession of, or dam- sion 7, and by adding a subdivision; 124.17, sections 24, subdivision 4, and 28, subdivi- age to, merchandise pallets; providing rem- subdivision 2; 124.225, subdivisions 7f and sions 4, 9, 10, 11, 12, and 17; article 6, section edies; proposing coding for new law in Min- 8m; 124.248, subdivisions 1 and 1a; 124.2713, 20, subdivision 4; article 8, section 4, subdi- nesota Statutes, chapter 325F. subdivision 6a; 124.2727, subdivisions 6a and vision 3; article 9, sections 11 and 12, subdi- Enactment: 3/16/98 6c; 124.273, by adding a subdivision; 124.32, vision 6; article 10, sections 3, subdivision 2, Effective: 8/1/98 by adding a subdivision; 124.3201, subdivi- 4, and 5; proposing coding for new law in sion 5; 124.323, by adding a subdivision; Minnesota Statutes, chapters 120; 121; 123; Qualified landfills authorized to 124.646, subdivision 4; 124.755, subdivision 124A; and 145; repealing Minnesota Statutes accept materials from closed dumps 1; 124.83, subdivision 8; 124.85, subdivision 1996, sections 121.02; 121.11, subdivisions 5, HF3524 (Bakk) 4; 124.91, subdivision 6; 124.95, subdivision 7, 7b, 7d, 9, 11, 12, and 14; 121.904, subdivi- SF3016* (Johnson, D.J.) 6; 124A.03, subdivisions 2b and 3c; 124A.034, sion 4c; 124.2601, subdivision 4; 124.2713, Chapter 306: relating to the environment; subdivision 2; 124A.036, subdivisions 1a, 4, subdivision 6b; 124.2727, subdivision 6b; authorizing acceptance of dump materials at 6, and by adding a subdivision; 124A.22, by 124.647; and 124A.292, subdivisions 2 and 4; certain qualified landfills; amending Minne- adding a subdivision; 124A.29, subdivision Minnesota Statutes 1997 Supplement, sec- sota Statutes 1997 Supplement, section 1; 124A.292, subdivision 3; 124A.30; 124C.45, tions 121.11, subdivision 7e; 124.2601, sub- 115B.39, subdivision 2; proposing coding for subdivision 2; 124C.47; 124C.48, by adding a division 5; 124.912, subdivisions 2 and 3; and new law in Minnesota Statutes, chapter 115B. subdivision; 125.183, subdivisions 1 and 3; 169.452; Laws 1993, chapter 146, article 5, Enactment: 3/23/98 125.191; 126.12, subdivision 1; 126.237; section 20; and Laws 1997, chapter 231, ar- Effective: 3/24/98 126.70, subdivision 2a; 127.27, subdivision 2; ticle 1, section 17; Minnesota Rules, part 12A.02, subdivisions 1, 3, 3b, 5, 6, and by 3525.2750, subpart 1, item B. Board of Water and Soil Resources adding subdivisions; 128A.022; 128A.023, Enactment: 4/21/98 hearing and review provisions subdivisions 1 and 2; 128A.026, subdivisions Effective: Various dates modified 1 and 3; 128A.07, subdivision 2; 169.451, HF2686 (Munger) subdivision 5; 254A.17, subdivision 1, and by SF2269* (Stumpf) adding a subdivision; 256B.0625, subdivi- Chapter 312: relating to water; clarifying sion 26; 260.015, subdivision 19; 260.131, provisions relating to hearings of the Board subdivision 1b; 260.132, subdivision 1; of Water and Soil Resources; increasing the 260A.05, subdivision 2; 260A.06; and 268.665, level of exempted bids for watershed dis- subdivision 3; Minnesota Statutes 1997 tricts; modifying the public review period for Supplement, sections 120.064, subdivision 3; ENVIRONMENT wetland replacement plans; providing for 120.101, subdivision 5; 120.1701, subdivi- & NATURAL RESOURCES** notice of local wetland plan development to sion 3; 120.181; 121.11, subdivision 7c; the commissioner of agriculture; requiring 121.1113, subdivision 1; 121.15, subdivision approval of certain wetland replacements; 6; 121.904, subdivision 4a; 124.17, subdivi- Fish house restrictions and license requiring a report on wetland law consolida- sions 4, 6, and 7; 124.195, subdivision 7; periods modified tion; amending Minnesota Statutes 1996, sec- 124.248, subdivisions 2a and 6; 124.2601, HF2492 (Anderson, I.) tions 103B.231, subdivision 9; 103D.105; subdivisions 3 and 6; 124.2711, subdivision SF2111* (Samuelson) 103D.641; and 103G.2242, subdivision 8; 2a; 124.2713, subdivision 6; 124.3111, subdi- Chapter 252: relating to game and fish; modi- Minnesota Statutes 1997 Supplement, sec- vision 2; 124.3201, subdivision 2; 124.6475; fying restrictions on fish houses; modifying tion 103G.2243, subdivision 1. 124.648, subdivision 3; 124.91, subdivisions the license period for fish house licenses; Enactment: 3/23/98 1 and 5; 124A.036, subdivision 5; 124A.22, extending certain angling seasons in 1998; Effective: 8/1/98 subdivisions 1, 2, 11, and 13b; 124A.23, sub- amending Minnesota Statutes 1996, section division 1; 124A.28, subdivisions 1 and 1a; 97C.355, subdivision 7; Minnesota Statutes Ramsey and Washington counties 124C.46, subdivisions 1 and 2; 126.79, subdi- 1997 Supplement, section 97A.411, state trail extended visions 3, 6, 7, 8, and 9; 127.27, subdivisions subdivision 1. HF2489* (Holsten) 10 and 11; 127.31, subdivision 15; 127.32; Enactment: 2/12/98 SF2381 (Krentz) 127.36, subdivision 1; 127.38; 128A.02, sub- Effective: 2/13/98 Chapter 318: relating to natural resources; division 7; 169.01, subdivision 6; 268.665, modifying the description of a state trail in subdivision 2; and 290.0674, subdivision 1; Ramsey and Washington counties; amend- Laws 1992, chapter 499, article 7, section 31; ing Minnesota Statutes 1996, section 85.015, Laws 1993, chapter 224, article 3, section 32; subdivision 14. Laws 1996, chapter 412, article 12, section 12, Enactment: 3/23/98 subdivision 5; Laws 1997, chapter 157, sec- Effective: 8/1/98

86 ** See also Ways & Means Summary

MERLA; statute of limitations provided state park permit exemption; amending age for diabetes equipment and supplies; in- for filing of actions under MERLA Minnesota Statutes 1996, section 85.054, by creasing the maximum lifetime benefit for HF3297* (Long) adding a subdivision. policies of the comprehensive health insur- SF2296 (Morse) Enactment: 4/20/98 ance plan; amending Minnesota Statutes Chapter 341: relating to the environment; Effective: 8/1/98 1996, section 62E.12; and Minnesota Stat- clarifying the liability of contractors perform- utes 1997 Supplement, section 62A.316. ing certain response and development ac- Personal watercraft operation Enactment: 3/18/98 tions under MERLA; clarifying time for filing restrictions increased Effective: 1/1/99 (Sec. 1); 3/19/98 (Sec. 2) an action under MERLA; requiring public HF1351 (Hasskamp) notice of proposed response actions; requir- SF1169* (Stumpf) Customer loss or theft of a debit card ing a study; amending Minnesota Statutes Chapter 400: relating to personal watercraft; limited liability provided 1996, sections 115B.03, by adding a subdivi- modifying provisions for the operation of HF2500* (Rest) sion; 115B.11; and 115B.17, by adding a personal watercraft; amending Minnesota SF2540 (Oliver) subdivision. Statutes 1996, sections 86B.101, subdivision Chapter 295: relating to financial institu- Enactment: 3/31/98 2; 86B.313, subdivisions 1, 3, and 4; and tions; limiting customer liability for loss or Effective: Various dates 86B.805, by adding a subdivision. theft of a debit card; amending Minnesota Enactment: 4/20/98 Statutes 1996, section 47.69, subdivision 3. State lottery proceeds dedication to Effective: 4/21/98 (Sec. 1); 6/1/98 (balance) Enactment: 3/18/98 Environment and Natural Resources Effective: 8/1/98 Trust Fund HF113* (Munger) Township mutual insurance compa- SF76 (Morse) nies permitted investments expanded Chapter 342: proposing an amendment to HF2895* (Tomassoni) the Minnesota Constitution, article XI, sec- SF2293 (Solon) tion 14; extending to the year 2025 the dedi- Chapter 297: relating to insurance; including cation of lottery proceeds to the Environ- FINANCIAL INSTITUTIONS secondary property covered by a township ment and Natural Resources Trust Fund and mutual fire insurance company; modifying maximizing the long-term total return to the & INSURANCE permitted investments for township mutual fund. companies; amending Minnesota Statutes Enactment: 3/31/98 Savings Association Act maintained 1996, section 67A.191, subdivision 1; Effective: Upon voter approval HF2890 (Tunheim) Minnesota Statutes 1997 Supplement, SF2478* (Samuelson) section 67A.231. Red tag issuance authorized for Chapter 260: relating to financial institu- Enactment: 3/18/98 underground petroleum storage tank tions; maintaining the Savings Association Effective: 3/19/98 violations Act. HF2722* (McCollum) Enactment: 2/27/98 Investments of Insurers Act adopted SF2756 (Novak) Effective: 2/28/98 HF3355 (Rest) Chapter 379: relating to the environment; SF3032* (Wiener) providing penalties for violations of under- Automobile insurance program Chapter 319: relating to insurance; regulat- ground storage tank statutes and rules; modi- reduction provided for completion of ing investments of certain insurers; amend- fying provisions relating to the placement of an accident prevention course ing Minnesota Statutes 1996, sections 61A.14, subdivision 4; and 61A.276, subdivision 4; motor vehicle antifreeze in wastewater sys- HF2846* (Mahon) proposing coding for new law as Minnesota tems; providing for a study; amending Min- SF2245 (Johnson, D.J.) Statutes, chapter 60L. nesota Statutes 1996, sections 115.071, by Chapter 287: relating to insurance; automo- Enactment: 3/23/98 adding a subdivision; and 116.073, subdivi- bile; reducing age for eligibility for premium Effective: 8/1/98 sions 1 and 2; Minnesota Statutes 1997 reduction for attending accident prevention Supplement, section 115A.916. course; amending Minnesota Statutes 1996, Reinsurance intermediary brokers Enactment: 4/9/98 section 65B.28, subdivisions 1, 2, and 4. funds investment authority regulation Effective: 4/10/98 (Sec. 1); 12/31/98 Vetoed: 3/18/98VETOED (Secs. 1, 3, 4) HF2750 (Wenzel) Health insurance basic Medicare SF2262* (Novak) Chapter 323: State park additions and deletions supplement plans coverage for relating to insurance; regulat- ing reinsurance intermediary brokers; pro- specified diabetes equipment viding for the investment of funds held or HF3140 (Kalis) HF3065 (Dorn) collected; amending Minnesota Statutes 1996, SF2351* (Vickerman) SF2608* (Wiener) section 60A.715. Chapter 391: relating to natural resources; Chapter 293: relating to insurance; provid- Enactment: 3/23/98 adding to and deleting from state parks; cre- ing basic Medicare supplement plan cover- ating a new recreation area; providing for a Effective: 8/1/98

87 Summary

Financial institutions consumer credit 48.85; and 48.86; and Minnesota Statutes issuance and reporting equal treatment 1997 Supplement, section 48.476. of spouses Enactment: 3/25/98 HF2309* (Leppik) Effective: 8/1/98 SF2136 (Wiener) Chapter 327: relating to financial institu- Financial institutions mail loan GENERAL LEGISLATION, tions; regulating use of spousal credit history; solicitations regulation requiring that creditors consider a credit his- HF2016 (Haas) VETERANS AFFAIRS tory in the name of the applicant’s spouse; SF2550* (Fischbach) & ELECTIONS requiring that creditors report a credit his- Chapter 335: relating to financial institu- tory in the names of both spouses; proposing tions; regulating solicitation of loans by mail- Gulf War vet bonus program modified coding for new law in Minnesota Statutes, ing a check payable to the addressee; propos- HF2338* (Folliard) chapter 325G. ing coding for new law in Minnesota Stat- SF2167 (Metzen) Enactment: 3/23/98 utes, chapter 47. Chapter 258: relating to veterans; amending Effective: 1/1/99 Enactment: 3/25/98 Effective: 1/1/99 the Gulf War veterans bonus program to Life insurance company investments facilitate eligibility verification; amending Minnesota Statutes 1997 Supplement, sec- and transactions regulations modified Workers’ compensation self insurance tion 197.79, subdivision 1. HF3432 (Wenzel) regulation provisions modification Enactment: 2/25/98 SF2659* (Wiener) HF2625 (Tomassoni) Effective: 2/26/98 Chapter 328: relating to insurance; regulat- SF2267* (Novak) ing life insurance company investments and Chapter 339: relating to insurance; regulat- Four Chaplains Day designation financial transactions; regulating qualified ing terminations of workers’ compensation HF3095* (Rhodes) long-term care policies; modifying the defi- self-insurance authority and commercial SF2688 (Terwilliger) nition of chronically ill individual; amending workers’ compensation self-insurance Chapter 272: relating to veterans; designat- Minnesota Statutes 1996, section 61A.28, groups; providing investment, funding, re- ing a date in February as Four Chaplains Day subdivisions 6, 9a, and 12; Minnesota Stat- porting, and transfer requirements; provid- in honor of United States army chaplains utes 1997 Supplement, section 62S.01, ing permanent health plan coverage for pros- who sacrificed their lives at sea for other subdivision 8. tate cancer screenings; requiring a notice; service members; proposing coding for new Enactment: 3/23/98 amending Minnesota Statutes 1996, sections law in Minnesota Statutes, chapter 10. Effective: 3/24/98 79A.06, subdivision 5; 79A.22, subdivision 7, Enactment: 3/6/98 and by adding a subdivision; 79A.23, subdi- Effective: 3/7/98 Trust companies regulation provisions visions 1 and 2; 79A.24, subdivisions 1, 2, and modification 4; 79A.26, subdivision 2; and 79A.31, subdi- Voter record address change updates HF3748 (Anderson, I.) vision 1; Minnesota Statutes 1997 Supple- HF2387 (Folliard) SF908* (Oliver) ment, section 62J.65; Laws 1996, chapter 446, SF2149* (Scheid) Chapter 331: relating to financial institu- article 1, section 72. Chapter 346: relating to elections; providing tions; trust companies; providing for the or- Enactment: 3/31/98 for updated voter records; amending Minne- ganization, powers, and duties of trust com- Effective: 8/1/98 (Sec. 1); 4/1/98 (Secs. 2-12) sota Statutes 1996, section 201.13, by adding panies; providing fiduciary provisions for a subdivision. trust companies and banks exercising trust Insurance company affiliates rebating Vetoed: 3/31/98VETOED powers; regulating interstate trust offices; activities prohibition regulating filings in connection with securi- HF3402 (Davids) Ramsey County open absentee ballot ties; making conforming changes; amending SF2928* (Hottinger) system pilot program extension Minnesota Statutes 1996, sections 48.01, sub- Chapter 375: relating to insurance; prohib- HF2567 (McCollum) division 1; 48.36, subdivision 1; 48.37; 48.39; iting affiliates of insurance companies from SF2221* (Wiger) 48.41; 48.42; 48.43; 48.44; 48.45; 48.46; 48.47; engaging in rebating that is illegal for insur- Chapter 347: relating to Ramsey County; 50.085, subdivision 1; 303.25, subdivision 3; ance companies; amending Minnesota Stat- authorizing extension of a pilot program to 525.551, subdivision 6; and 525.56, subdivi- utes 1996, section 72A.08, subdivisions 1, 2, test open absentee balloting. sion 4; Minnesota Statutes 1997 Supplement, and 3. Vetoed: 3/31/98 sections 16A.6701, subdivision 1; 48.01, sub- Enactment: 4/9/98 VETOED division 2; and 80A.28, subdivision 1; pro- Effective: 8/1/98 Absentee voting eligibility expansion posing coding for new law as Minnesota Stat- utes, chapter 48A; repealing Minnesota Stat- HF2526 (Osthoff) utes 1996, sections 48.38; 48.475; 48.65; 48.66; SF2148* (Scheid) 48.67; 48.68; 48.69; 48.70; 48.71; 48.72; 48.73; Chapter 352: relating to elections; changing 48.75; 48.76; 48.77; 48.78; 48.79; 48.80; 48.81; certain absentee ballot provisions; amending 48.82; 48.83; 48.84; 48.841; 48.845; 48.846; Minnesota Statutes 1996, section 203B.02, subdivision 1;VETOED Minnesota Statutes 1997

88 Summary

Supplement, sections 203B.03, subdivision CFL and Economic Security 1; and 203B.04, subdivision 1. reorganization codified Vetoed: 4/2/98 HF2866 (Kinkel) SF2477* (Stumpf) Minneapolis absentee voting pilot Chapter 273: relating to state government; project GOVERNMENTAL OPERATIONS** codifying reorganization order number 179 HF2293 (Jefferson) with respect to the departments of children, SF2118* (Higgins) families, and learning and economic secu- Chapter 370: A bill for an act relating to Local government unit aid rity; amending Minnesota Statutes 1996, sec- elections; authorizing experimental ballot- distribution clarification in township tions 13.99, subdivision 81; 216B.241, subdi- ing procedures for voters in the city of Min- annexation vision 2a; 239.785, subdivision 6; and neapolis; amending Minnesota Statutes 1996, HFnone 462A.05, subdivision 15c; Minnesota Stat- section 203B.02, by adding a subdivision. SF2379* (Metzen) utes 1997 Supplement, sections 119A.15, sub- Vetoed: 4/9/98VETOED Chapter 264: relating to the Board of Gov- division 5a; and 268.19; proposing coding for ernment Innovation and Cooperation; clari- new law in Minnesota Statutes, chapter 119A; Elections provisions modifications for fying the distribution of cooperation and repealing Minnesota Statutes 1996, sections constitutionality purposes combination aid in certain circumstances 4.071, subdivision 3; 268.37; 268.371; 268.38, HF2485 (Greiling) when an entire township is annexed by two subdivisions 1, 2, 3, 4, 5, 6, 8, 9, and 12; SF2256* (Marty) or more contiguous cities; amending Minne- 268.55; and 268.92; Minnesota Statutes 1997 Chapter 376: relating to elections; eliminat- sota Statutes 1997 Supplement, section Supplement, sections 268.38, subdivision 7; ing certain provisions that have been ruled 465.87, subdivision 1a. and 268.917. unconstitutional; amending Minnesota Stat- Enactment: 3/4/98 Enactment: 3/9/98 utes 1996, sections 211B.04; 211B.06, subdi- Effective: 3/5/98 Effective: 8/1/98 vision 1; 253B.23, subdivision 2; and 609.165, by adding a subdivision; Minnesota Statutes Director of Office of Technology Rural finance authority and housing 1997 Supplement, section 201.15, membership to various organizations finance electronic meetings authority subdivision 1. clarified permanency Enactment: 4/9/98 HF2811 (Kahn) HF3593 (Larsen) Effective: 4/10/98 SF2315* (Robertson) SF2457* (Flynn) Chapter 270: relating to technology; making Chapter 279: relating to the Minnesota Constitutional amendment to abolish technical changes to show director of office Housing Finance Agency; making perma- office of state treasurer of technology as member of various organi- nent a temporary provision about the agency’s HF103 (Greiling) zations; amending Minnesota Statutes 1996, meetings; repealing Laws 1997, chapter 154, SF161* (Wiener) sections 62J.451, subdivision 9; and 116O.03, section 5. Chapter 387: relating to state government; subdivision 2; Minnesota Statutes 1997 Enactment: 3/16/98 proposing an amendment to the Minnesota Supplement, section 44A.01, subdivision 2; Effective: 6/30/98 (repealed) Constitution, article V, sections 1, 3, and 4; and Laws 1995, First Special Session chapter article VIII, section 2; article XI, sections 7 3, article 12, section 7, subdivision 1, as Employee relations department and 8; abolishing the office of state treasurer; amended. experimental or research projects repealing the powers, responsibilities, and Enactment: 3/5/98 authority expansion duties of the state treasurer; requiring a study Effective: 7/1/97 (retroactive) HF2777 (Jefferson) of the issue of transferring the powers, duties, SF2516* (Stevens) and responsibilities of the state treasurer; Public employees insurance program Chapter 286: relating to employee relations; amending Minnesota Statutes 1996, sections expansion modifying provisions on experimental or 9.011, subdivision 1; and 11A.03. HF3734 (Mares) research projects in the Department of Em- Enactment: 4/9/98 SF2354* (Kiscaden) ployee Relations; amending Minnesota Stat- Effective: First Monday in January 2003 (if Chapter 271: relating to employee relations; utes 1997 Supplement, section 43A.04, amendment approved) modifying provisions governing the public subdivision 9. employees insurance program; amending Enactment: 3/18/98 Minnesota Statutes 1996, section 43A.316, Effective: 3/19/98 subdivision 2. Enactment: 3/6/98 State agencies regulatory rules and Effective: 8/1/98 programs policy and obsolete, unnecessary or duplicative rules regulation HF2043 (Greiling) SF1583* (Hottinger) Chapter 303: relating to state government;

** See also Ways & Means, Special Session 89 Summary

setting state policy for regulatory rules and Administration authority over building op- subdivision 4; 349A.06, subdivision 1; programs of agencies; regulating obsolete, erations and maintenance; extending the ex- 349A.07, subdivision 6; 352.03, subdivisions unnecessary, or duplicative rules; providing piration date of the Governor’s Residence 6 and 16; 354.06, subdivision 2a; 354.07, notice of rulemaking action to the legisla- Council; changing certain terminology, pro- subdivision 7; 356A.06, subdivision 7; ture; requiring a study; amending Minnesota viding for disposition of certain revenue, 446A.12, subdivision 5; 462A.18, subdivi- Statutes 1997 Supplement, sections 14.05, modifying provisions relating to certain dis- sion 2; 471.345, subdivision 8; 473.142; subdivision 5; and 14.131; proposing coding ability councils, and clarifying certain refer- 473.556, subdivision 14; 480.09, subdivision for new law in Minnesota Statutes, enda authority with respect to the state build- 1; and 626.90, subdivision 2; Minnesota Stat- chapter 14. ing code; amending Minnesota Statutes 1996, utes 1997 Supplement, sections 3.225, subdi- Enactment: 3/18/98 sections 16B.04, subdivision 2; 16B.24, sub- vision 1; 16A.15, subdivision 3; 16B.465, sub- Effective: 8/1/98 division 1; 16B.27, subdivision 3; 16B.58, division 7; 16E.07, subdivision 9; 17.03, sub- subdivision 1; 16B.65, subdivisions 1 and 6; division 12; 41D.03, subdivision 7; 61B.21, Public employee labor agreements and 124C.74, subdivisions 2 and 3; Minne- subdivision 1; 85A.02, subdivision 5b; ratified sota Statutes 1997 Supplement, sections 121.1113, subdivision 2; 136A.40; 138.35, HF3068* (Solberg) 15.059, subdivision 5a; 16B.415; 16B.465; subdivision 1b; 179A.03, subdivision 14; SF2520 (Flynn) 16B.72; 16E.03, subdivision 1; 16E.13, subdi- 216D.03, subdivision 2; 241.277, subdivision Chapter 351: relating to state employment; vision 3; and 221.173; Laws 1995, First Spe- 2; 256B.19, subdivision 2a; 256D.03, subdivi- modifying salary provisions for certain offi- cial Session chapter 3, article 12, section 7, sion 6; 353.03, subdivision 3a; 363.073, sub- cials; setting conditions for advancing em- subdivision 1, as amended; and Laws 1997, division 1; and 626.91, subdivision 2; pro- ployees within a compensation plan or to chapter 202, article 1, section 12, subdivision posing coding for new law in Minnesota exceed the salary of an agency head; provid- 4; proposing coding for new law in Minne- Statutes, chapters 16C; and 174; repealing ing an early retirement incentive for certain sota Statutes, chapter 16B. Minnesota Statutes 1996, sections 16B.06; employees of the Bureau of Criminal Appre- Enactment: 4/3/98 16B.07; 16B.08; 16B.09; 16B.101; 16B.102; hension; ratifying certain labor agreements; Effective: 4/4/98 (Secs. 1, 19, 20, 21) 16B.103; 16B.123; 16B.13; 16B.14; 16B.15; ratifying certain plans and proposals; amend- 16B.16; 16B.167; 16B.17; 16B.175; 16B.18, ing Minnesota Statutes 1997 Supplement, State agencies procurement process subdivisions 1, 2, and 4; 16B.185; 16B.19; sections 15A.0815, subdivision 3; 43A.17, modification 16B.20, subdivisions 1 and 3; 16B.21; 16B.22; subdivision 3; and 298.22, subdivision 1; pro- HF384 (Kahn) 16B.226; 16B.227; 16B.23; 16B.28; 16B.29; posing coding for new law in Minnesota SF726* (Knutson) and 16B.89; Minnesota Statutes 1997 Supple- Statutes, chapter 43A. Chapter 386: relating to state agencies; modi- ment, sections 16B.18, subdivision 3; 16B.20, Enactment: 4/2/98 fying procurement procedures; amending subdivision 2; and 16B.482. Effective: 4/3/98 (Secs. 3, 5) Minnesota Statutes 1996, sections 3.225, sub- Enactment: 4/20/98 division 2; 3.732, subdivision 6; 3.922, subdi- Effective: 7/1/98 (generally); 5/1/98 Compensation increase provided for vision 5; 3C.10, subdivision 3; 4A.04; 6.551; (Art. 1, Sec. 33) state employees on leave serving as 11A.24, subdivision 4; 12.221, subdivision 5; Red Cross disaster volunteers 15.054; 15.061; 16A.101; 16A.85, subdivision Omnibus pensions bill HF2673* (Rest) 1; 16B.181; 17.1015; 41A.023; 43A.23, subdi- HF2970* (Kahn) SF1946 (Stumpf) vision 1; 44A.01, subdivision 1; 45.0291; SF2555 (Morse) Chapter 356: relating to public employment; 84.025, subdivision 7; 84.026; 84.0845; Chapter 390: relating to retirement; various increasing compensation for state employees 85A.02, subdivisions 3, 16, and 18; 103F.515, retirement plans; adjusting pension coverage on leave to serve as certified disaster service subdivision 3; 116.03, subdivision 2; 116J.035, for certain privatized public hospital em- volunteers of the American Red Cross; subdivision 1; 116J.402; 116J.58, subdivision ployees; providing for voluntary deduction amending Minnesota Statutes 1996, section 2; 116J.68, subdivision 2; 116J.966, subdivi- of health insurance premiums from certain 43A.185, subdivision 1. sion 1; 124.14, subdivision 1; 126.151, subdi- annuities; providing for increased survivor Enactment: 4/6/98† vision 2; 129C.10, subdivision 7; 136A.06; benefits relating to certain public employees Effective: 8/1/98 136A.16, subdivision 1; 136A.29, subdivi- murdered in the line of duty; authorizing sion 6; 136F.23; 136F.56, subdivision 5; certain service credit purchases; specifying Administration department 136F.581, subdivision 3; 136F.66; 136F.72, prior service credit purchase payment amount provisions modifications subdivision 3; 136F.96; 137.35, subdivisions determination procedures increasing sala- HF2947 (Hilty) 1, 2, and 3; 144.0742; 144.95, subdivision 5; ries of various judges; modifying other judi- SF2730* (Robertson) 161.315, subdivision 4; 161.32, by adding cial salaries; modifying the judges’ retire- Chapter 359: relating to state government; subdivisions; 161.321, subdivisions 1, 2, 5, 6, ment plan member and employer contribu- Department of Administration; making and 7; 161.41, subdivision 2; 179A.23; 198.35, tion rates; authorizing the transfer of certain technical corrections relating to information subdivision 1; 216C.02, subdivision 1; 237.51, prior retirement contributions from the leg- systems and technology, data practices, and subdivision 5a; 241.0221, subdivision 6; islators’ retirement plan and from the elec- certain appropriations oversight; changing 241.27, subdivision 2; 246.36; 246.57, subdi- tive state officers’ retirement plan; creating a the name of the Minnesota Telecommunica- visions 1 and 6; 256B.031, subdivision 1; contribution transfer account in the general tions Network; clarifying Department of 256B.04, subdivisions 14 and 15; 298.2211, fund of the state; appropriating money; re-

90 Summary

formulating the Columbia Heights volun- Industrial Hygienist and Safety teer firefighters relief association plan as a Professional Title Protection Act defined contribution plan under the general adopted volunteer fire law; restructuring the Colum- HF668* (Seagren) bia Heights volunteer firefighter relief asso- SF668 (Kiscaden) ciation board; modifying various higher edu- HEALTH & HUMAN SERVICES Chapter 288: relating to occupations; enact- cation retirement plan provisions; modify- ing the Industrial Hygienist and Safety Pro- ing administrative expense provisions for fessional Title Protection Act; providing title various public pension plans; expanding the Rural hospital flexibility program protection to the professions of industrial teacher retirement plans’ part-time teaching HF2550* (Otremba) hygiene and safety; proposing coding for new positions eligible to participate in the quali- SF2261 (Sams) law as Minnesota Statutes, chapter 182A. fied full-time service credit for part-time Chapter 257: relating to health; providing Enactment: 3/18/98 teaching service program; making certain for rural critical access hospitals; amending Effective: 8/1/98 Minneapolis Fire Department Relief Asso- Minnesota Statutes 1996, section 144.1483. ciation survivor benefit options retroactive; Enactment: 2/25/98 Health plan coverage for off-label use providing increased disability benefit cover- Effective: 2/26/98 of drugs age for certain local government correctional HF1306 (Hausman) facility employees; increasing local govern- Commissioner of health public water SF1076* (Sams) ment correctional employee and employer supply approval authority modified Chapter 301: relating to health; requiring contribution rates; providing increased sur- HF2828* (Tingelstad) health plan coverage for off-label use of drugs; vivor benefits to certain Minneapolis Em- SF2345 (Morse) proposing coding for new law in Minnesota ployee Retirement Fund survivors; authoriz- Chapter 261: relating to health; modifying Statutes, chapter 62Q. ing certain Hennepin County regional park the authority of the commissioner to ap- Enactment: 3/18/98 employees to change retirement plan mem- prove public water supplies; providing for Effective: 1/1/99 bership; modifying benefit increase provi- administrative fines against large public wa- sion for Eveleth police and firefighters; modi- ter suppliers; amending Minnesota Statutes Hepatitis B immunization required for fying the length of the actuarial services con- 1996, sections 144.383; and 144.99, children tract of the Legislative Commission on Pen- subdivision 4. HF2681 (Slawik) sions and Retirement; modifying the scope of Enactment: 3/4/98 SF2372* (Lourey) quadrennial projection valuations; provid- Effective: 8/1/98 Chapter 305: relating to health; requiring ing special disability coverage for local cor- hepatitis B immunization for children; rectional employees; requiring report on tax Long-term nursing care facility payroll amending Minnesota Statutes 1996, section sheltered annuity for higher education em- documentation procedures modified 123.70, subdivisions 1, 2, and 4; Minnesota ployees; amending Minnesota Statutes 1996, HF3040* (Johnson, R.) Statutes 1997 Supplement, section 123.70, sections 3A.13; 11A.17, subdivision 2; SF2355 (Lourey) subdivision 10. 136F.45, by adding subdivisions; 136F.48; Chapter 274: relating to human services; Enactment: 3/23/98 352.96, subdivision 4; 352D.09, subdivision modifying requirements for documentation Effective: 8/1/98 7; 352D.12; 353.27, subdivision 3; 353.33, of long-term care facility payrolls; amending subdivision 3a; 353D.05, subdivision 3; Minnesota Statutes 1996, section 256B.432, Federal Drug Enforcement 354.445; 354.66, subdivisions 2 and 3; subdivision 8. Administration registration number 354A.094, subdivisions 2 and 3; 354B.23, by Enactment: 3/16/98 requirement exemption provided adding a subdivision; 354C.12, by adding a Effective: 7/1/98 HF2401 (Huntley) subdivision; 383B.52; 422A.23, subdivision SF2207* (Hottinger) 2; and 490.123, subdivisions 1a and 1b; Min- Day training and rehabilitation Chapter 316: relating to health; exempting nesota Statutes 1997 Supplement, sections services business arrangements use certain prescriptions from bearing a federal 3.85, subdivision 11; 15A.083, subdivisions Drug Enforcement Administration registra- 5, 6a, and 7; 353.27, subdivision 2; 354B.25, and rate variance mechanism tion number; restricting the use and the re- subdivisions 1a and 5; 354C.12, subdivision flexibility lease of the federal drug enforcement admin- 4; and 356.215,subdivision 2; Laws 1977, HF2992 (Greenfield) istration registration number; amending chapter 61, section 6, as amended; Laws 1995, SF2669* (Hottinger) Minnesota Statutes 1996, section 152.11, by chapter 262, article 10, section 1; Laws 1997, Chapter 284: relating to human services; adding subdivisions. Second Special Session chapter 3, section 16; allowing greater use of arrangements with Enactment: 3/23/98 proposing coding for new law in Minnesota businesses when providing day training and Effective: Federal contingency Statutes, chapter 356; repealing Minnesota habilitation services; directing the commis- Statutes 1996, sections 11A.17, subdivisions sioner of human services to develop a more 10a and 14; and 352D.09, subdivision 8; Min- flexible rate variance mechanism for day train- nesota Statutes 1997 Supplement, section ing habilitation services vendors; amending 136F.45, subdivision 3. Minnesota Statutes 1996, section 252.451, Enactment: 4/20/98 subdivision 5. Effective: Various dates Enactment: 3/16/98 Effective: 8/1/98 91 Summary

Speech-language pathologist, of charitable organizations contain certain 245A.03, by adding subdivisions; 245A.035, unlicensed mental health practitioner, information; amending Minnesota Statutes subdivision 4; 245A.14, subdivision 4; alcohol and drug counselor, physical 1996, sections 13.99, by adding a subdivi- 254A.17, subdivision 1, and by adding a sub- therapists, and hearing instrument sion; 309.53, subdivision 3; and 317A.811, division; 256.01, subdivision 12, and by add- dispenser licensure requirements subdivision 6; Minnesota Statutes 1997 ing subdivisions; 256.014, subdivision 1; modified Supplement, section 317A.141, subdivision 256.969, subdivisions 16 and 17; 256B.03, HF2786 (Wejcman) 4; proposing coding for new law in Minne- subdivision 3; 256B.055, subdivision 7, and SF2447* (Sams) sota Statutes, chapter 501B. by adding a subdivision; 256B.057, subdivi- Chapter 317: relating to health professions; Vetoed: 3/25/98 sion 3a, and by adding subdivisions; modifying provisions relating to speech lan- 256B.0625, subdivisions 7, 17, 19a, 20, 34, 38, guage pathologists, unlicensed mental health Health plan companies durable and by adding subdivisions; 256B.0627, sub- practitioners, alcohol and drug counselors, medical equipment coverage division 4; 256B.0911, subdivision 4; physical therapists, and hearing instrument requirement 256B.0916; 256B.41, subdivision 1; 256B.431, dispensers; authorizing exempt rulemaking; HF2814* (Tomassoni) subdivisions 2b, 2i, 4, 11, 22, and by adding amending Minnesota Statutes 1996, sections SF2130 (Foley) subdivisions; 256B.501, subdivisions 2 and 144.335, subdivision 1; 148.515, subdivision Chapter 334: relating to health; establishing 12; 256B.69, subdivision 22, and by adding 3; 148.518, subdivision 2; 148.5191, subdivi- a minimum definition of durable medical subdivisions; 256D.03, subdivision 4, and by sions 1, 3, and 4; 148.5194; 148.5195, subdi- equipment; requiring disclosure of covered adding a subdivision; 256D.051, by adding a vision 3; 148.76, subdivision 2; 148B.69, by medical equipment and supplies; proposing subdivision; 256D.46, subdivision 2; 256I.04, adding a subdivision; 148C.04, subdivision coding for new law in Minnesota Statutes, subdivisions 1, 3, and by adding a subdivi- 3; 148C.05, subdivision 2; 148C.06; 153A.13, chapter 62Q. sion; 256I.05, subdivision 2; 257.42; 257.43; subdivision 5; 153A.14, subdivisions 2a, 2b, Enactment: 3/25/98 259.24, subdivision 1; 259.37, subdivision 2; 2d, 2f, 2h, 9, and 10; 153A.15, subdivision 1, Effective: 1/1/99 259.67, subdivision 1; 260.011, subdivision and by adding a subdivision; and 153A.20, 2; 260.141, by adding a subdivision; 260.172, subdivision 3; Minnesota Statutes 1997 Omnibus health and human services subdivision 1; 260.221, as amended; 268.88; Supplement, sections 148C.03, subdivision bill 268.92, subdivision 4; 609.115, subdivision 1; and 148C.11, subdivision 3; proposing HF2868 (Greenfield) 9; and 626.556, by adding a subdivision; Min- coding for new law in Minnesota Statutes, SF3346* (Samuelson) nesota Statutes 1997 Supplement, sections chapter 148; repealing Minnesota Statutes Chapter 407: relating to human services; 13.99, by adding a subdivision; 60A.15, sub- 1996, section 153A.14, subdivision 7. appropriating money; changing provisions division 1; 62D.11, subdivision 1; 62J.69, sub- Enactment: 3/23/98 for long-term care, health care programs, divisions 1, 2, and by adding subdivisions; Effective: 3/24/98 (Secs. 1-4, 9-29); 11/1/98 and provisions including MA and GAMC, 62J.71, subdivisions 1, 3, and 4; 62J.72, sub- (Secs. 5-8) MinnesotaCare, welfare reform, Work First, division 1; 62J.75; 62Q.105, subdivision 1; compulsive gambling, child welfare modifi- 62Q.30; 103I.208, subdivision 2; 119B.01, Emergency medical care automatic cations and child support, and regional treat- subdivision 16; 119B.02; 123.70, subdivision external defibrillators use liability ment centers; providing administrative pen- 10, as amended; 144.1494, subdivision 1; immunity alties; providing for the recording and re- 144.218, subdivision 2; 144.226, subdivision 4; 144.9504, subdivision 2; 144.9506, subdi- HF3138 (Evans) porting of abortion data; amending Minne- vision 1; 144A.071, subdivision 4a; 144A.4605, SF2861* (Hottinger) sota Statutes 1996, sections 62A.65, subdivi- subdivision 4; 157.16, subdivision 3; 171.29, Chapter 329: relating to health; providing sion 5; 62D.042, subdivision 2; 62E.16; subdivision 2; 214.32, subdivision 1; 245A.03, for the use of automatic external defibrillators; 62J.321, by adding a subdivision; 62Q.095, subdivision 2; 245A.04, subdivisions 3b and providing immunity from civil liability; subdivision 3; 144.226, subdivision 3; 144.701, 3d; 245B.06, subdivision 2; 256.01, subdivi- amending Minnesota Statutes 1996, section subdivisions 1, 2, and 4; 144.702, subdivi- sion 2; 256.031, subdivision 6; 256.741, by 604A.01, subdivision 2. sions 1, 2, and 8; 144.9501, subdivisions 1, 17, adding a subdivision; 256.82, subdivision 2; Enactment: 3/23/98 18, 20, 23, 30, 32, and by adding subdivisions; 256.9657, subdivision 3; 256.9685, subdivi- Effective: 8/1/98 144.9502, subdivisions 3, 4, and 9; 144.9503, subdivisions 4, 6, and 7; 144.9504, subdivi- sion 1; 256.9864; 256B.04, subdivision 18; 256B.056, subdivisions 1a and 4; 256B.06, Nonprofit health care trust sions 1, 3, 4, 5, 6, 7, 8, 9, and 10; 144.9505, subdivision 4; 256B.062; 256B.0625, subdi- agreements or transactions regulation subdivisions 1, 4, and 5; 144.9506, subdivi- vision 31a; 256B.0627, subdivisions 5 and 8; HF381 (Greenfield) sion 2; 144.9507, subdivisions 2, 3, and 4; 256B.0635, by adding a subdivision; SF695* (Berglin) 144.9508, subdivisions 1, 3, 4, and by adding 256B.0645; 256B.0911, subdivisions 2 and 7; Chapter 330: relating to organizations; regu- a subdivision; 144.9509, subdivision 2; 144.99, 256B.0913, subdivision 14; 256B.0915, sub- lating certain nonprofit and charitable orga- subdivision 1; 144A.04, subdivision 5; divisions 1d and 3; 256B.0951, by adding a nizations; defining a nonprofit health care 144A.09, subdivision 1; 144A.44, subdivi- subdivision; 256B.431, subdivisions 3f and trust; establishing requirements for certain sion 2; 145.11, by adding a subdivision; 26; 256B.433, subdivision 3a; 256B.434, sub- agreements and transactions between non- 145A.15, subdivision 2; 157.15, subdivisions division 10; 256B.69, subdivisions 2 and 3a; profit health care trusts and noncharitable 9, 12, 12a, 13, and 14; 214.03; 245.462, subdi- 256B.692, subdivisions 2 and 5; 256B.77, sub- entities; requiringVETOED that financial statements visions 4 and 8; 245.4871, subdivision 4;

92 Summary

divisions 3, 7a, 10, and 12; 256D.03, subdivi- and 4; 256.032; 256.033, subdivisions 2, 3, 4, subdivisions 1 and 4; 147B.05, subdivision 1; sion 3; 256D.05, subdivision 8; 256F.05, sub- 5, and 6; 256.034; 256.035; 256.036; 256.0361; 148B.21, subdivisions 1 and 8; 148B.24; division 8; 256J.02, subdivision 4; 256J.03; 256.047; 256.0475; 256.048; and 256.049; 148B.27, subdivision 2b; 154.161, subdivi- 256J.08, subdivisions 11, 26, 28, 40, 60, 68, Minnesota Statutes 1997 Supplement, sec- sion 4; 157.17, subdivision 3; 164.08, subdi- 73, 83, and by adding subdivisions; 256J.09, tions 62D.042, subdivision 3; 144.0721, sub- vision 3; 169.421, subdivisions 5 and 7; subdivisions 6 and 9; 256J.11, subdivision 2, division 3; 256.031, subdivisions 5 and 6; 169.792, subdivision 7; 169.86, subdivision as amended; 256J.12; 256J.14; 256J.15, sub- 256.033, subdivisions 1 and 1a; 256B.057, 1; 169.871, subdivision 2; 169.965, subdivi- division 2; 256J.20, subdivisions 2 and 3; subdivision 1a; 256B.062; 256B.0913, subdi- sion 3; 169.966, subdivision 3; 169.971, sub- 256J.21; 256J.24, subdivisions 1, 2, 3, 4, 7, and vision 15; 256J.25; 256J.28, subdivision 4; division 4; 169.99, subdivision 3; 190.08, sub- by adding subdivisions; 256J.26, subdivisions 256J.32, subdivision 5; 256J.34, subdivision division 6; 204B.11, subdivisions 1 and 2; 1, 2, 3, and 4; 256J.28, subdivisions 1, 2, and 5; 256L.04, subdivisions 3, 4, 5, and 6; 256L.06, 204B.34, subdivision 3; 204C.35, subdivision by adding a subdivision; 256J.30, subdivi- subdivisions 1 and 2; 256L.08; 256L.09, sub- 2; 204D.02, subdivision 1; 204D.08, subdivi- sions 10 and 11; 256J.31, subdivisions 5, 10, division 3; 256L.13; and 256L.14; Laws 1997, sion 6; 205A.10, subdivision 2; 206.90, subdi- and by adding a subdivision; 256J.32, subdi- chapter 85, article 1, sections 61 and 71; and vision 3; 216C.01, subdivision 1; 256.9657, visions 4, 6, and by adding a subdivision; article 3, section 55. subdivisions 1a and 7; 257.022, subdivisions 256J.33, subdivisions 1 and 4; 256J.35; Enactment: 4/21/98 1 and 2a; 257.59, subdivision 1; 268.027; 256J.36; 256J.37, subdivisions 1, 2, 9, and by 273.13, subdivision 1; 273.1398, subdivision adding subdivisions; 256J.38, subdivision 1; Line-item vetoes: 6; 273.166, subdivision 2; 284.07; 325F.692, 256J.39, subdivision 2; 256J.395; 256J.42; Page 10, Subd. 6, Lines 23-32; and subdivision 2; 345.02; 345.03; 345.14; 346.04; 256J.43; 256J.45, subdivisions 1, 2, and by Page 15, Subd. 7, Lines 26-57 346.55, subdivision 2; 347.04; 353.01, subdi- adding a subdivision; 256J.46, subdivisions vision 2a; 383A.281, subdivision 13; 383A.286, 1, 2, and 2a; 256J.47, subdivision 4; 256J.48, Effective: Various dates subdivision 2; 383A.404, subdivision 4; subdivisions 2 and 3; 256J.49, subdivision 4; 383B.054, subdivision 6; 383B.057; 383B.121, 256J.50, subdivision 5, and by adding subdi- subdivision 1; 383B.129; 383B.225, subdivi- visions; 256J.515; 256J.52, subdivision 4, and sion 10; 393.07, subdivision 9; 395.23; 448.56, by adding subdivisions; 256J.54, subdivisions subdivision 2; 458D.15; 462.16; 465.48; 2, 3, 4, and 5; 256J.55, subdivision 5; 256J.56; 473.191, subdivision 2; 473.197, subdivision 256J.57, subdivision 1; 256J.645, subdivision 2; 473.608, subdivision 17; 477A.011, subdi- 3; 256J.74, subdivision 2, and by adding a vision 27; 477A.0132, subdivision 3; subdivision; 256K.03, subdivision 5; 256L.01; JUDICIARY 477A.014, subdivisions 1 and 3; 480.052; 256L.02, subdivision 3, and by adding a sub- 480.054; 480.055, subdivision 1; 480.059, division; 256L.03, subdivisions 1, 3, 4, 5, and subdivision 2; 480.0591, subdivision 2; 480.19; by adding subdivisions; 256L.04, subdivi- Revisor’s bill 484.66, subdivision 2; 485.01; 517.08, subdi- sions 1, 2, 7, 8, 9, 10, and by adding subdivi- HF2524* (Chaudhary) vision 1b; 550.07; 559.211, subdivision 1; sions; 256L.05, subdivisions 2, 3, 4, and by SF2134 (Betzold) 566.175, subdivision 1; 574.18; 574.34, sub- adding subdivisions; 256L.06, subdivision 3; Chapter 254: An act relating to Minnesota division 2; 574.35; 611A.21, subdivision 2; 256L.07; 256L.09, subdivisions 2, 4, and 6; Statutes; correcting erroneous, ambiguous, 611A.25, subdivision 1; 617.27; 624.7131, 256L.11, subdivision 6; 256L.12, subdivision and omitted text and obsolete references; subdivision 8; 624.7132, subdivision 13; 5; 256L.15; 256L.17, by adding a subdivision; eliminating certain redundant, conflicting, 624.714, subdivision 12; 625.01; 626.21; 257.071, subdivision 1d; 257.85, subdivision unconstitutional, and superseded provisions; 630.17; 631.04; 643.01; and 643.02; Minne- 5; 259.22, subdivision 4; 259.47, subdivision making miscellaneous technical corrections sota Statutes 1997 Supplement, sections 3; 259.58; 259.60, subdivision 2; 260.012; to statutes and other laws; amending Minne- 15.0591, subdivision 2; 62J.04, subdivision 3; 260.015, subdivisions 2a and 29; 260.161, sota Statutes 1996, sections 3C.08, subdivi- 62J.61, subdivision 2; 62Q.01, subdivision 3; subdivision 2; 260.191, subdivisions 1, 1a, 3a, sion 1; 3C.12, subdivision 4; 10A.01, subdivi- 85A.02, subdivision 5b; 115.58, subdivision and 3b; 260.241, subdivision 3; and 270A.03, sion 19; 10A.323; 11A.04; 14.47, subdivision 2; 119A.15, subdivision 5a; 144A.45, subdivi- subdivision 5; Laws 1994, chapter 633, article 3; 15A.082, subdivisions 1 and 3; 16B.51, sion 1; 144A.4605, subdivisions 3 and 4; 7, section 3; Laws 1997, chapter 195, section subdivision 1; 32.70, subdivisions 2 and 10; 148B.20, subdivision 1; 157.17, subdivision 5; chapter 203, article 4, section 64; article 9, 47.27, subdivision 1; 47.325; 48.846, subdivi- 2; 161.14, subdivision 41; 169.121, subdivi- section 21; chapter 207, section 7; chapter sion 3; 62J.17, subdivision 2; 62Q.03, subdi- sion 3e; 169.123, subdivision 6; 244.09, sub- 225, article 2, section 64; and chapter 24, vision 6; 82A.11, subdivision 5; 97A.0455, division 5; 260.015, subdivision 29; 268.145, section 46, as amended; proposing coding subdivision 2; 115A.191, subdivisions 2 and subdivision 1; 274.01, subdivision 1; 275.011, for new law in Minnesota Statutes, chapters 4; 115B.17, subdivision 6; 115B.25, subdivi- subdivision 1; 275.065, subdivision 6; 62J; 62Q; 144; 145; 245; 256; 256B; 256D; and sion 7a; 127.09; 127.17, subdivision 4; 297A.48, subdivisions 1 and 10; 325D.32, 256J; repealing Minnesota Statutes 1996, sec- 134A.01; 144.651, subdivision 1; 144A.45, subdivision 4; 325D.415; 326.921; 473.249, tions 62J.685; 144.0721, subdivision 3a; subdivision 2; 144A.46, subdivision 4; subdivision 1; 477A.011, subdivision 34; 144.491; 144.9501, subdivisions 12, 14, and 144A.48, subdivision 2; 145.698, subdivision 552.04, subdivision 1; 609.749, subdivision 16; 144.9503, subdivisions 5, 8, and 9; 157.15, 1; 145C.01, subdivision 7; 147.02, subdivi- 2; 609.7495, subdivision 1; and 611A.74, sub- subdivision 15; 256.031, subdivisions 1, 2, 3, sion 1; 147B.01, subdivisions 5, 12, and 16; division 1a; repealing Minnesota Statutes 147B.02, subdivisions 4, 7, 9, and 12; 147B.03,

93 Summary

1996, sections 13.99, subdivision 19g; 148.976; Guardians and conservators as sexual psychopathic personalities or sexu- 157.17, subdivision 4; 256.9657, subdivision appointment provisions modifications ally dangerous persons; clarifying various 1b; 256E.06, subdivision 9; 458D.14, subdi- HF1414 (Leighton) provisions and making conforming and tech- vision 2; and 484.015; Laws 1997, chapter 12, SF1151* (Piper) nical amendments; amending Minnesota article 3, sections 2 and 3; chapter 187, article Chapter 281: relating to probate; changing Statutes 1996, sections 253B.15, subdivision 2, sections 11 and 12; chapter 219, section 3; provisions on appointment of guardians and 9; and 253B.185, by adding a subdivision; chapter 225, article 2, sections 24, 25, 26, 27, conservators; amending Minnesota Statutes Minnesota Statutes 1997 Supplement, sec- and 28; chapter 226, section 10; and chapter 1996, section 525.591. tions 253B.03, subdivision 7; 253B.045, sub- 239, article 7, section 37. Enactment: 3/16/98 divisions 2 and 3; 253B.05, subdivision 3; Enactment: 2/18/98 Effective: 8/1/98 253B.07, subdivisions 5 and 7; 253B.09, sub- Effective: 8/1/98 division 1; 253B.092, subdivisions 6 and 8; Elderly housing definition modification 253B.0921; 253B.095, subdivision 3; 253B.12, Uniform Certification of Questions of for discrimination prohibition subdivision 1; 253B.141, subdivision 1; Law Act adopted exemption purposes 253B.15, subdivisions 2, 3, 3a, 3b, and 5; HF1554 (Dawkins) HF2779 (Chaudhary) 253B.18, subdivisions 4a and 5; and 253B.19, SF1440* (Ranum) SF2230* (Wiener) subdivision 3. Chapter 255: relating to appellate courts; Chapter 291: relating to human rights; modi- Enactment: 3/23/98 providing for questions of law certified be- fying the definition of housing for the elderly; Effective: 8/1/98 tween the appellate courts of this state and amending Minnesota Statutes 1996, section other states and nations; enacting the 1997 363.02, subdivision 2. DWI repeat offenders sentencing to Uniform Certification of Questions of Law Enactment: 3/18/98 intensive supervision and incarceration Act; proposing coding for new law in Minne- Effective: 3/19/98 HF2615 (Pugh) sota Statutes, chapter 480; repealing Minne- SF2252* (Wiener) sota Statutes 1996, section 480.061. Interstate emergency management Chapter 332: relating to crimes; modifying Enactment: 2/19/98 assistance compact criminal penalties for DWI; authorizing sen- Effective: 8/1/98 HF3442 (Wenzel) tences to programs of intensive supervision; SF2945* (Stumpf) making technical correction; amending Min- Real property conveyance provisions Chapter 298: relating to the military; enter- nesota Statutes 1997 Supplement, section modified ing into the interstate emergency manage- 169.121, subdivision 3e. HF2390 (Pugh) ment assistance compact; proposing coding Enactment: 3/25/98 SF2031* (Betzold) for new law in Minnesota Statutes, Effective: 3/26/98 Chapter 262: relating to commerce; regulat- chapter 192. ing conveyances and other transactions re- Enactment: 3/18/98 Food donors’ liability limit lating to real and personal property; making Effective: 8/1/98 HF176 (Harder) corrective and conforming changes to the SF154* (Frederickson) Uniform Partnership Act of 1994; amending Real estate document filing and Chapter 333: relating to civil actions; limit- Minnesota Statutes 1996, sections 501B.57, recording fees modified ing liability for injury related to certain food subdivision 1, and by adding a subdivision; HF1882 (Murphy) donations to the state and political subdivi- 507.24; and 580.24; Minnesota Statutes 1997 SF1654* (Ten Eyck) sions; amending Minnesota Statutes 1996, Supplement, sections 315.121; 322A.88; Chapter 311: relating to real property; pro- section 604A.10, subdivision 2. 323A.1-04; 323A.3-06; and 524.2-403; Laws viding for fee changes for filing and record- Enactment: 3/25/98 1997, chapter 174, article 12, sections 67 and ing certain documents; amending Minne- Effective: 8/1/98 68; proposing coding for new law in Minne- sota Statutes 1996, sections 357.18, subdivi- sota Statutes, chapter 507. sions 1, 2, and 3; 505.08, subdivision 2; 508.82, Nonprofit corrections treatment Enactment: 3/4/98 subdivision 1; and 508A.82, subdivision 1; facilities liability limit Effective: 8/1/98 Minnesota StatutesVETOED 1997 Supplement, HF1207 (Paymar) section 515B.1-116. SF330* (Spear) Tenant security deposit interest rate Vetoed: 3/23/98 Chapter 336: relating to civil actions; pro- increase viding limits on liability of certain private HF2590* (Jennings) Civil commitment release on provisions corrections treatment facilities that receive SF2122 (Metzen) modified patients under court or administrative order; Chapter 266: relating to landlords and ten- HF2785 (Entenza) proposing coding for new law in Minnesota ants; correcting a reference relating to certain SF2373* (Betzold) Statutes, chapter 604A. civil penalties; providing for interest rates on Chapter 313: relating to civil commitment; Enactment: 3/25/98 security deposits; amending Minnesota Stat- modifying provisions governing release on Effective: 8/1/98 utes 1996, sections 504.183, subdivision 6; pass for persons committed as mentally ill and 504.20, subdivision 2. and dangerous; allowing temporary jail con- Enactment: 3/4/98 finement of persons subject to commitment Effective: 8/1/98

94 Summary

Financial institutions liability immunity Prenatal alcohol abuse voluntary 401.02, by adding a subdivision; 488A.03, for stolen or fraudulent checks reporting and legislative report subdivision 11; 518B.01, subdivisions 3a, 5, information release to criminal alert provided 6, and by adding a subdivision; 588.01, sub- networks or law enforcement agencies HF3184* (Skoglund) division 3; 588.20; 609.095; 609.11, subdivi- HF3389 (McGuire) SF3207 (Knutson) sion 5; 609.184, subdivision 2; 609.185; SF2493* (Junge) Chapter 361: relating to health; providing 609.19, subdivision 1; 609.229, subdivisions Chapter 337: relating to civil actions; limit- for voluntary reporting of alcohol abuse by a 2, 3, and by adding a subdivision; 609.322, ing liability of financial institutions provid- pregnant woman; providing for assessments subdivisions 1, 1a, and by adding a subdivi- ing data for the criminal alert network; and services; amending Minnesota Statutes sion; 609.3241; 609.341, subdivisions 11 and amending Minnesota Statutes 1996, section 1996, section 13.99, by adding a subdivision; 12; 609.342, subdivision 1; 609.343, subdivi- 299A.61, by adding a subdivision. proposing coding for new law in Minnesota sion 1; 609.344, subdivision 1; 609.345, sub- Enactment: 3/25/98 Statutes, chapter 626. division 1; 609.3451, subdivision 3; 609.3461, Effective: 8/1/98 Enactment: 4/6/98 subdivisions 1 and 2; 609.347, subdivisions 1, Effective: 8/1/99 (Secs. 2, 3) 2, 3, 5, and 6; 609.348; 609.49, subdivision 1; Child and medical support 609.50, subdivision 2; 609.582; 609.66, sub- enforcement administration process Omnibus crime bill division 1e; 609.748, subdivisions 3 and 4; modification HFnone (Murphy) 609.749, subdivision 3; 609A.03, subdivision HF2861 (Entenza) SF3345* (Kelly, R.C.) 2; 611.14; 611.20, subdivisions 3, 4, and 5; SF2040* (Foley) Chapter 367: relating to crime prevention 611.26, subdivisions 2, 3, and 3a; 611.263; Chapter 338: relating to family law; modify- and judiciary finance; appropriating money 611.27, subdivisions 1 and 7; 617.23; 629.34, ing provisions dealing with the procedure for for the judicial branch, public safety, correc- subdivision 1; 631.045; and 634.20; Minne- proceeding directly to hearing in the admin- tions, criminal justice, crime prevention, and sota Statutes 1997 Supplement, sections istrative process; modifying terminology to related purposes; prescribing, clarifying, and 97A.065, subdivision 2; 152.023, subdivision comport with the rules of court; amending modifying penalties; modifying various fees, 2; 168.042, subdivision 11a; 171.29, subdivi- Minnesota Statutes 1997 Supplement, sec- assessments, and surcharges; implementing, sion 2; 241.015; 241.277, subdivisions 6, 9, tions 518.5511, subdivisions 1, 3, 3a, and 4; clarifying, and modifying certain criminal and by adding a subdivision; 242.192; 242.32, and 518.5512, subdivisions 2, 3, and 4; re- and juvenile provisions; providing for the subdivision 4; 243.166, subdivision 4; 243.51, pealing Minnesota Statutes 1997 Supplement, collection, maintenance, and reporting of subdivisions 1 and 3; 244.19, by adding a section 518.5512, subdivision 3a. certain data; implementing, clarifying, and subdivision; 260.015, subdivisions 2a and 29; Enactment: 3/31/98 modifying conditions of conditional release; 260.161, subdivision 2; 260.165, subdivision Effective: 8/1/98 providing services for disasters; clarifying and 1; 357.021, subdivision 2; 401.01, subdivi- modifying laws involving public defenders; sion 2; 401.13; 504.181, subdivision 1; Open adoption agreements modified conveying state land to the city of Faribault; 518.179, subdivision 2; 518B.01, subdivision 14; 609.101, subdivision 5; 609.11, subdivi- HF3332* (Skoglund) establishing, clarifying, expanding, and mak- sion 9; 609.113, subdivision 3; 609.135, sub- SF2949 (Ranum) ing permanent various pilot programs, grant division 1; 609.2244, subdivisions 1 and 4; Chapter 354: relating to adoption; changing programs, task forces, working groups, re- 609.52, subdivision 3; 609.749, subdivision provisions in the fathers’ adoption registry; ports, and studies; expanding, clarifying, and 2; 611.25, subdivision 3; and 631.52, subdivi- modifying conditions for open adoption modifying the powers of the commissioner sion 2; Laws 1996, chapter 365, section 3; agreements; amending Minnesota Statutes of corrections; amending Minnesota Stat- Laws 1997, chapter 239, article 1, sections 7, 1997 Supplement, sections 259.52, subdivi- utes 1996, sections 3.739, subdivision 1; 12.09, subdivision 8; and 12, subdivisions 2, 3, and sions 1, 4, 9, 10, 11, 12, and by adding a by adding a subdivision; 13.99, by adding a 4; article 3, section 26; article 4, section 15; subdivision; and 259.58. subdivision; 152.021, as amended; 152.022, article 10, sections 1 and 19; proposing cod- Enactment: 4/3/98 as amended; 152.0261, subdivision 2, and by ing for new law in Minnesota Statutes, chap- Effective: 4/4/98 (Secs. 1-7); 7/1/97 adding a subdivision; 168.042, subdivisions ters 152; 169; 241; 244; 245A; 260; 299C; 401; (Sec. 8, retroactive) 12 and 15; 169.121, subdivision 5a; 171.16, subdivision 3; 241.01, subdivision 7, and by 604; 609; 611A; 626; and 629; repealing Min- Minnesota Free Flow of Information adding a subdivision; 241.021, by adding a nesota Statutes 1996, sections 260.261; 299M.05; 299M.11, subdivision 3; 401.02, Act disclosure provisions subdivision; 241.05; 242.32, subdivision 1; subdivision 4; 609.101, subdivision 1; HF1668 (Entenza) 243.05, subdivision 1; 243.166, subdivisions 609.1352; 609.152; 609.184; 609.196; 609.321, SF1480* (Cohen) 1 and 5; 243.51, by adding a subdivision; subdivisions 3 and 6; 609.322, subdivisions 2 Chapter 357: relating to evidence; fixing the 244.05, subdivision 7; 260.015, subdivision and 3; 609.323; 609.346; 609.563, subdivi- conditions for the disclosure of certain infor- 21; 260.131, by adding a subdivision; 260.155, sion 2; 611.216, subdivision 1a; 611.26, sub- mation subject to the Minnesota Free Flow of subdivision 1; 260.165, by adding a subdivi- division 9; 611.27, subdivision 2; and 626.861; Information Act; amending Minnesota Stat- sion; 260.255; 260.315; 299A.61, by adding a Minnesota Statutes 1997 Supplement, sec- utes 1996, sections 595.023; and 595.024, subdivision; 299C.06; 299C.09; 299F.04, by tions 243.51, subdivision 4; 244.19, subdivi- subdivision 2. adding a subdivision; 299M.01, subdivision sion 3a; and 611.27, subdivision 4. Enactment: 4/6/98† 7; 299M.02; 299M.03, subdivisions 1 and 2; Enactment: 4/6/98 Effective: 4/7/98 299M.04; 299M.08; 299M.12; 357.021, by adding subdivisions; 390.11, subdivision 2; Effective: Various dates

95 Summary

Government data classification and forcement provisions; changing terminology; utes 1996, sections 241.67, subdivision 8, and dissemination provisions amending Minnesota Statutes 1996, sections by adding a subdivision; 244.052, subdivi- HF1626 (McGuire) 257.64, subdivision 3; 518.54, subdivision 8, sion 1; and 611A.037, subdivision 2; Minne- SF1378* (Betzold) and by adding a subdivision; 518.55, by add- sota Statutes 1997 Supplement, section Chapter 371: relating to government data ing a subdivision; 518.551, subdivisions 1, 5, 244.052, subdivisions 3, 4, and 5. practices; providing for the classification of 9, and by adding a subdivision; 518.615, sub- Enactment: 4/20/98 and access to government data; providing for division 2; 550.136, subdivision 2; and Effective: 4/21/98 (Secs. 1-7); 7/1/98 (Sec. 8) data privacy for certain audit information; 571.921; Minnesota Statutes 1997 Supple- classifying certain law enforcement data; pro- ment, sections 13.99, subdivision 76b; Advanced health care directive viding that certain documents may be classi- 256.741, subdivision 1; 257.352, subdivision provisions modified fied as nonpublic data until negotiations with 3a; 259.49, subdivision 1; 259.52, subdivi- HF2521 (Bishop) vendors and best and final offers are received; sions 1, 2, 4, 6, 8, 9, 10, 11, 12, 14, and by SF2050* (Junge) making technical and clarifying changes to adding a subdivision; 260.221, subdivisions 1 Chapter 399: relating to health; modifying tax disclosure provisions; amending Minne- and 1a; 357.021, subdivision 2; 518.54, sub- provisions governing advance health care sota Statutes 1996, sections 13.794, subdivi- division 6; 518.551, subdivision 5b; 518.5511, directives; combining laws governing living sion 1; 13.82, by adding a subdivision; 13.85, subdivision 2; 518.5512, subdivision 6; wills and durable power of attorney for health subdivision 2; 13.99, by adding subdivisions; 518.6111, subdivisions 8, 9, and 14; 518.615, care; amending Minnesota Statutes 1996, sec- 168.346; 171.12, subdivision 1; 270B.02, sub- subdivision 1; 518.6195; 518.64, subdivision tions 144.335, subdivision 1; 145C.01, subdi- division 3; 270B.03, subdivision 6; 270B.12, 2; 552.04, subdivision 4; Laws 1995, chapter visions 2, 3, 4, 8, and by adding subdivisions; subdivision 6; and 629.341, subdivision 4; 257, article 1, section 34; Laws 1997, chapter 145C.02; 145C.03; 145C.04; 145C.05, subdi- Minnesota Statutes 1997 Supplement, sec- 203, article 6, section 90; proposing coding visions 1 and 2; 145C.06; 145C.07; 145C.08; tions 13.37, subdivision 1; 13.46, subdivision for new law in Minnesota Statutes, 145C.09; 145C.10; 145C.11; 145C.12; 2; 260.161, subdivision 1; 268.19; 270B.01, chapter 518. 145C.13, subdivision 1; 145C.15; 525.55, sub- subdivision 8; 299C.095, subdivision 2; and Enactment: 4/20/98 divisions 1 and 2; 525.551, subdivisions 1 and 471A.03, subdivision 3; repealing Minnesota Effective: 8/1/98 (Art. 1, Art. 2, Secs. 18-19); 5; 525.9212; and 609.215, subdivision 3; Min- Statutes 1996, section 270.10, subdivision 3. 4/21/98 (Art. 2, Secs. 1-17) nesota Statutes 1997 Supplement, sections Enactment: 4/10/98† 149A.80, subdivision 2; 253B.04, subdivision Effective: Various dates Hunting and fishing rights confirmed 1a; 253B.07, subdivision 1; and 253B.092, and constitutional amendment subdivisions 2 and 6; proposing coding for Sex offender treatment and release proposed new law in Minnesota Statutes, chapter 145B; notification requirements modification HF3808 (Milbert) and 145C. HF2326 (Bishop) SF41* (Lessard) Enactment: 4/21/98 SF2586* (Kelly, R.C.) Chapter 392: proposing an amendment to Effective: 8/1/98 Chapter 377: relating to corrections; requir- the Minnesota Constitution, article XIII, by ing sex offender treatment facilities to pro- adding a section; affirming that hunting and Child welfare reform vide certain information regarding sex of- fishing and the taking of game and fish are a HF2985* (Entenza) fenders; clarifying which law enforcement valued part of our heritage. SF2682 (Ranum) agency may request the end-of-confinement Enactment: 4/20/98 Chapter 406: relating to children; providing review committee to reassess the risk level to Effective: Upon voter approval for child welfare reform; restricting release of which an offender has been assigned; adjust- certain information; establishing citizen re- ing the time within which certain require- Sex offender registration law expanded view panels; clarifying jurisdiction; estab- ments of the community notification law HF2734 (Bishop) lishing programs for concurrent planning must be met; providing certain immunity; SF2498* (Kelly, R.C.) for permanent placement; defining terms; eliminating duplicative efforts on notifying Chapter 396: relating to corrections; requir- imposing duties; expanding certain case plans; victims of certain information; amending ing sex offender treatment facilities to pro- providing for consideration of domestic abuse Minnesota Statutes 1996, sections 241.67, vide certain information regarding sex of- in child protection risk assessments; autho- subdivision 8, and by adding a subdivision; fenders; clarifying which law enforcement rizing rulemaking; providing for sharing of 244.052, subdivision 1; 609.3452, by adding a agency may request the end-of-confinement certain data; changing records retention re- subdivision; and 611A.037, subdivision 2; review committee to reassess the risk level to quirements; requiring review and audits; re- Minnesota Statutes 1997 Supplement, sec- which an offender has ben assigned; adjust- quiring task forces and a plan; amending tion 244.052, subdivisions 3, 4, and 5. ing the time within which certain require- Minnesota Statutes 1996, sections 144.226, Enactment: Recalled by author ments of the community notification law subdivision 3; 245A.035, subdivision 4; must be met; providing certain immunity; 256.01, subdivision 12, and by adding a sub- Child support enforcement provisions eliminating duplicative efforts on notifying division; 257.42; 257.43; 259.24, subdivision modifications victims of certain information; requiring a 1; 259.37, subdivision 2; 259.67, subdivision HF2784 (Dawkins) study of the confidentiality of statements 1; 260.011, subdivision 2; 260.141, by adding SF2276* (Knutson) made by offenders in the course of sex of- a subdivision; 260.172, subdivision 1; 260.191, Chapter 382: relating to children; modify- fender treatment; amending Minnesota Stat- subdivision 1e; 260.221, as amended; and ing certain parentage and child support en-

96 Summary

626.556, subdivision 10, and by adding sub- Workers’ compensation benefits divisions; Minnesota Statutes 1997 Supple- special compensation fund ment, sections 144.218, subdivision 2; reimbursement requirement 144.226, subdivision 4; 245A.03, subdivision elimination 2; 245A.04, subdivisions 3b and 3d; 256.82, HF3532 (Bettermann) subdivision 2; 256F.05, subdivision 8; SF3068* (Runbeck) 257.071, subdivision 1d; 257.85, subdivisions LABOR-MANAGEMENT Chapter 294: relating to workers’ compen- 3 and 5; 259.22, subdivision 4; 259.47, subdi- RELATIONS sation; correcting an appropriation error; vision 3; 259.58; 259.60, subdivision 2; modifying reporting requirements; eliminat- 260.012; 260.015, subdivisions 2a and 29; ing certain reimbursement requirements; 260.161, subdivision 2; 260.191, subdivisions Re-employment insurance technical amending Minnesota Statutes 1996, sections 1, 1a, 3a, and 3b; 260.241, subdivision 3; and changes 176.183, subdivision 2; 176.231, subdivisions 626.556, subdivisions 10e and 11c; propos- HF2646 (Jefferson) 2 and 7; and 176.305, subdivisions 1 and 2; ing coding for new law in Minnesota Stat- SF2621* (Scheevel) Laws 1997, chapter 200, article 1, section 12, utes, chapter 257. Chapter 265: relating to economic security; subdivision 5. Enactment: 4/20/98 making technical changes in the Department Enactment: 3/18/98 Effective: Various dates of Economic Security; amending Minnesota Effective: 7/1/98 Statutes 1996, sections 248.07, subdivision Revisor’s bill 15; 268.0122, subdivision 2; 268.08, as Public safety dispatchers as essential HF3839 (Skoglund) amended; 268.101, as amended; 268.13, sub- employees under PELRA SF3396* (Ranum) division 4; and 268.18, as amended; Minne- HF1693 (Pugh) Chapter 408: relating to legislative enact- sota Statutes 1997 Supplement, sections SF1074* (Kelly, R.C.) ments; correcting miscellaneous noncontro- 268.03; 268.042, subdivisions 1 and 3; 268.043; Chapter 355: relating to public employees; versial oversights, inconsistencies, ambigu- 268.044, subdivision 1; 268.045; 268.047, providing that public safety dispatchers are ities, unintended results, and technical er- subdivisions 2, 3, and 5; 268.051; 268.057, essential employees; amending Minnesota rors; amending Minnesota Statutes 1996, sec- subdivisions 1, 5, 6, and 7; 268.059; 268.063; Statutes 1996, section 179A.03, tions 62A.65, subdivision 5, as amended; 268.064, subdivision 2; 268.066; 268.067; subdivision 7. 115C.08, subdivision 3; and 120.1701, subdi- 268.07; 268.09, subdivisions 1a, 10, 13, 16, Enactment: 4/3/98 vision 17, as amended; Minnesota Statutes and 17; 268.105, subdivision 3a; 268.125; Effective: 8/1/98 1997 Supplement, sections 241.015, as 268.13, subdivisions 1 and 2; 268.182; 268.184; amended; 268.07, subdivision 2, as amended; 268.192, subdivision 1; 268.194, subdivisions Hibbing taconite company employees Laws 1998, chapter 262, section 13, by adding 2, 3, and 6; and 268.196, subdivision 2; pro- additional re-employment insurance a subdivision; Laws 1998, chapter 293, sec- posing coding for new law in Minnesota benefits tion 3; Laws 1998, chapter 299, section 15, Statutes, chapter 268; repealing Minnesota HF3465 (Tomassoni) subdivision 1; Laws 1998, chapter 319, sec- Statutes 1996, sections 268.04, as amended; SF3084* (Janezich) tion 2, subdivisions 2 and 7; Laws 1998, chap- 268.08, subdivision 5a; 268.13, subdivisions Chapter 358: relating to re-employment in- ter 367, article 2, section 30, subdivision 3; 3 and 5; and 268.25; Minnesota Statutes 1997 surance; providing additional benefits for article 2, section 31; article 2, section 34; Supplement, sections 268.042, subdivision 2; certain individuals on layoff from a certain article 7, section 15; article 11, section 27; and 268.054. employer; providing an exemption from cer- House File 3840, article 8, section 44, subdi- Enactment: 3/4/98 tain requirements. visions 1, 2, and 7; article 9, section 2, subdi- Effective: Various dates Enactment: 4/6/98† vision 2; article 11, section 23; Senate File Effective: 4/7/98 161, article 1, section 3; Senate File 3298, Standard collection procedure article 1, section 2; Senate File 3345, article 9, exemption provided to overpaid Employers nursing mothers section 25; Senate File 3346, article 8, section re-employment insurance benefits accommodations requirement 15; Senate File 3354, section 32; proposing HF2642* (Jefferson) HF3459 (Greiling) coding for new law in Minnesota Statutes, SF2280 (Higgins) SF2751* (Anderson) chapter 241. Chapter 275: relating to re-employment in- Chapter 369: relating to employment; re- Enactment: 4/20/98 surance; exempting certain overpaid benefits quiring an accommodation to certain nurs- Effective: Various dates from the standard collection procedure; ing mothers; providing that breast feeding is amending Laws 1997, chapter 202, article 1, excepted from the crime of indecent expo- section 17, subdivision 8. sure; amending Minnesota Statutes 1996, Enactment: 3/16/98 section 617.23; proposing coding for new law Effective: 3/17/98 in Minnesota Statutes, chapter 181. Enactment: 4/9/98 Effective: 8/1/98

97 Summary

Audited financial statement copies recorder and the granting of certain ease- provided to members of the local unit ments to Rush City. of government Enactment: 3/18/98 HF2809* (McElroy) Effective: 3/19/98 (Sec. 5); Upon local ap- SF2791 (Wiener) proval (Secs. 1-4) LOCAL GOVERNMENT Chapter 276: relating to cities and towns; requiring copies of audited financial state- Olmsted County auditor/treasurer & METROPOLITAN AFFAIRS ments to be provided to members of the city made an appointed position council and the mayor, or to the town board HF2508 (Bishop) Norman County Medical Center bid members, and presented at a regularly sched- SF2581* (Kiscaden) Chapter 307: relating to local government; exemption uled meeting of the city or town’s governing body; amending Minnesota Statutes 1996, permitting the appointment of the Olmsted HF2372* (Lieder) section 471.697, subdivision 1. County auditor/treasurer. SF2017 (Moe) Enactment: 3/16/98 Enactment: 3/23/98 Chapter 256: relating to public contracts; Effective: 8/1/98 Effective: Upon local approval exempting the reconstruction of the Bridges Medical Center in Norman County from Dakota County dangerous dog Dakota County Housing and competitive bid requirements. Redevelopment Authority employees Enactment: 2/25/98 registration system city administration Effective: 2/26/98 provided not deemed county employees HF2616* (McElroy) without county board consent Hennepin County board small purchase SF2255 (Metzen) HF2824 (Pugh) limit increased Chapter 277: relating to Dakota County; SF2281* (Pariseau) Chapter 308: HF2499* (Stanek) providing for city administration of the dan- relating to Dakota County; SF2156 (Higgins) gerous dog registration system. authorizing appointment of treasurer/audi- Enactment: Chapter 259: relating to Hennepin County; 3/16/98 tor; clarifying the employment status of cer- Effective: removing the dollar limitation for certain Upon local approval tain employees; amending Minnesota Stat- small purchases that may be authorized by utes 1996, sections 383D.09, by adding a the board; amending Minnesota Statutes Headwaters Regional Development subdivision; and 383D.41, by adding a 1996, section 383B.143, subdivision 4. Commission nonprofit housing subdivision. Enactment: Enactment: 2/27/98 corporation establishment authority 3/23/98 Effective: Effective: 2/28/98 HF2635 (Skare) Upon local approval SF2574* (Ten Eyck) Ramsey County purchases from Chapter 292: relating to regional develop- County recorder and registrar health care cooperatives ment commissions; authorizing the Head- functions provided additional HF2927 (McCollum) waters Regional Development Commission methods SF2525* (Wiger) to establish a nonprofit housing corporation; HF3254 (Kahn) Chapter 268: relating to Ramsey County; proposing coding for new law in Minnesota SF2725* (Betzold) authorizing the county to make certain pur- Statutes, chapter 462. Chapter 314: relating to real estate; autho- chases from or through a health care coop- Enactment: 3/18/98 rizing additional methods for recorder and erative; proposing coding for new law in Effective: 8/1/98 registrar functions; amending Minnesota Minnesota Statutes, chapter 383A. Statutes 1996, sections 386.40; 386.41; 508.32; Enactment: 3/5/98 Cartways established by town boards 508.38; and 508A.38; proposing coding for Effective: Upon local approval upon owner petition new law in Minnesota Statutes, chapters 386; HF2222* (Juhnke) 508; and 508A. Public officers contract interest SF1973 (Johnson, D.E.) Enactment: 3/23/98 authority clarification Chapter 296: relating to cartways; providing Effective: 8/1/98 HF3119 (Olson, E.) for the establishment of cartways in certain Local government services advisory SF2685* (Vickerman) circumstances; amending Minnesota Stat- Chapter 269: relating to local government; utes 1996, section 164.08, subdivision 2. council membership increase and allowing an officer of a local governmental Enactment: 3/18/98† appointment process clarification unit to contract with the unit in certain cir- Effective: 3/19/98 HF2667 (Rest) cumstances; amending Minnesota Statutes SF2429* (Wiener) 1996, section 471.88, subdivision 12. Chisago County recorder appointment; Chapter 325: relating to the legislative audi- Enactment: 3/5/98 Rush City easements tor; adding a member to the local govern- Effective: 3/6/98 HF2790 (Jennings) ment services advisory council; clarifying the SF2384* (Johnson, J.B.) appointment of council members; amend- Chapter 302: relating to Chisago County; ing Minnesota Statutes 1997 Supplement, permitting the appointment of the county section 3.971, subdivision 4. Enactment: 3/23/98 Effective: 3/24/98 98 Summary

County optional forms of government Minneapolis civilian police review Combined school districts extended adoption referendum procedure authority provided area telephone service voting clarification HF2357 (Wejcman) requirements modification HF2774 (Kuisle) SF2346* (Flynn) HF3644* (Sviggum) SF2302* (Scheevel) Chapter 393: relating to local government; SF3170 (Moe) Chapter 349: relating to local government; adding a position to a list for certain pur- Chapter 326: relating to telecommunica- clarifying the conduct of certain county elec- poses; removing an age ceiling for new tions; modifying voting requirements for tions; amending Minnesota Statutes 1996, firefighters in Minneapolis; amending Laws extended area service within combined school section 375A.12, subdivision 4. 1969, chapter 937, section 1, subdivision 9a, districts; amending Laws 1997, chapter 59, Enactment: 4/2/98 as amended; repealing Minnesota Statutes section 1, subdivision 3. Effective: 4/3/98 1996, section 418.20; Laws 1959, chapter 213. Enactment: 3/23/98 Enactment: 4/20/98 Effective: 3/24/98 Counties authorized to provide grants Effective: 4/21/98 (Sec. 2); Upon local ap- to nonprofit community food shelves proval (Sec. 1) Long-distance telephone provider HF2736* (Hilty) slamming and loading disclosure SF2205 (Lourey) requirements expanded Chapter 368: relating to counties; authoriz- HF3042* (Jennings) ing gifts to certain food distribution organi- SF2797 (Novak) zations; amending Minnesota Statutes 1996, Chapter 345: relating to regulated indus- section 465.039. tries; modifying certain provisions of power Enactment: 4/9/98 purchase contracts and biomass fuel exemp- Effective: 4/18/98 REGULATED INDUSTRIES tions; lengthening exemption period for large & ENERGY telephone company to change rates; modify- Metropolitan Council and agency ing provisions for Public Utilities Commis- contractors affirmative action plan sion to assess costs of certain proceedings; requirements Petroleum product specifications providing additional antislamming and dis- HF680 (McElroy) modified closure requirements on long-distance ser- SF535* (Wiger) HF3071* (Wolf) vice providers; clarifying requirements relat- Chapter 381: relating to the Metropolitan SF2849 (Ourada) ing to notification of price increases; requir- Council; providing for service improvement Chapter 278: relating to motor fuels; updat- ing provision of international toll blocking; and employee compensation for demon- ing petroleum specifications; amending Min- amending Minnesota Statutes 1996, sections strable reduction in the cost of service; estab- nesota Statutes 1996, sections 239.761; and 216B.2424, subdivision 3; 237.295; 237.66, lishing a pilot project for greater efficiency in 239.792. subdivisions 1a, 3, and by adding subdivi- the provision of Metropolitan Council ser- Enactment: 3/16/98 sions; 237.74, subdivision 6, and by adding a vices; modifying the scope of the council’s Effective: 8/1/98 subdivision; and 325F.692, subdivision 1; review of Metropolitan Airports Commis- Minnesota Statutes 1997 Supplement, sec- sion capital projects; amending Minnesota Lawful gambling revisions tions 216B.1645; 237.072; and 237.163, sub- Statutes 1996, section 473.621, subdivision 6; HF2920 (Delmont) division 8; proposing coding for new law in proposing coding for new law in Minnesota SF2911* (Vickerman) Minnesota Statutes, chapter 237; repealing Statutes, chapter 473. Chapter 322: relating to lawful gambling; Minnesota Statutes 1996, section 325F.692, Enactment: 4/20/98 allowing expenditures as lawful purposes of subdivision 8; Minnesota Statutes 1997 Effective: 4/21/98 compliance with the Americans with Dis- Supplement, section 237.66, subdivision 1b. abilities Act; authorizing organizations to Enactment: 3/31/98 Metropolitan Council and agency make certain expenditures and contributions Effective: 7/1/98 contractors affirmative action plan through electronic fund transfers; allowing requirements an employee to participate in lawful gam- One-call excavation notice system bling under certain circumstances; allowing HF3268 (Dawkins) modification locally administered funds receiving contri- SF2645* (Wiger) HF3324 (Ozment) butions from gambling profits to be spent for Chapter 385: relating to metropolitan gov- SF2445* (Novak) certain public safety purposes; amending ernment; modifying requirement for affir- Chapter 348: relating to public safety; regu- Minnesota Statutes 1996, sections 349.168, mative action plans by certain contractors; lating excavation notice system; authorizing subdivision 6; 349.19, subdivision 3; and amending Minnesota Statutes 1996, section commissioner of public safety to appoint 349.213, subdivision 1; Minnesota Statutes 473.144. pipeline safety committee; increasing civil 1997 Supplement, sections 349.12, subdivi- Enactment: 4/20/98 penalty; amending Minnesota Statutes 1996, sion 25; 349.154, subdivision 2; and 349.18, Effective: 4/21/98 sections 216D.04, subdivisions 1, 3, and by subdivision 1. adding a subdivision; 216D.05; and 216D.08, Enactment: 3/23/98 subdivisions 1 and 3; proposing coding for Effective: 3/24/98 new law in Minnesota Statutes, chapter 299J;

99 Summary

repealing Minnesota Statutes 996, propriating money; proposing coding for new Limited partnership withdrawals section 299J.06. law as Minnesota Statutes, chapter 296A; regulated Enactment: 4/2/98 repealing Minnesota Statutes 1996, sections HF2507 (Macklin) Effective: 6/30/98 (Secs. 7, 8) 296.01; 296.02, subdivisions 1, 1a, 1b, 1c, 2, 3, SF3036* (Betzold) 4, 6, and 8; 296.025; 296.0261; 296.035; 296.04; Chapter 320: relating to limited partner- Decorative gas lamp prohibition 296.041; 296.06; 296.11; 296.115; 296.12; ships; regulating withdrawals by limited part- variance provided 296.141, subdivisions 1, 2, 3, 5, 6, and 7; ners; changing state law to provide favorable HF3070* (Wolf) 296.15; 296.151; 296.152; 296.16, subdivi- federal estate tax valuation treatment in cer- SF2847 (Ourada) sions 1a and 2; 296.165; 296.17, subdivisions tain circumstances; amending Minnesota Chapter 350: relating to energy; transferring 1, 3, 5, 6, 7, 8, 9, 10, 11, 14, 15, 16, 17, 19, 20, Statutes 1996, section 322A.47. proceeds of certain energy conservation ac- 21, and 22; 296.171, subdivisions 1, 2, 3, 5, 6, Enactment: 3/23/98 counts to commissioner of children, fami- 7, 8, 9, and 10; 296.18, subdivisions 2, 3, 4, 5, Effective: 8/1/98 lies, and learning; replacing public utility 6, and 8; 296.19; 296.20; 296.21; 296.23; capital structure approval with security issu- 296.25; 296.26; 296.27; and 296.421; Minne- Low income housing tax credit ance approval; providing for variance for sota Statutes 1997 Supplement, sections allocation and compliance monitoring decorative gas lamp; amending Minnesota 296.141, subdivision 4; 296.16, subdivision review provided Statutes 1996, sections 216B.241, subdivi- 1; 296.17, subdivision 18; 296.171, subdivi- HF3145* (Rest) sion 2a; 216B.49, subdivisions 3 and 4; sion 4; and 296.18, subdivision 1. SF2719 (Novak) 216C.19, subdivision 6; and 239.785, subdi- Enactment: 3/18/98 Chapter 363: relating to bond allocations; vision 6; repealing Minnesota Statutes 1996, Effective: Various dates providing for certain applications, housing section 216B.49, subdivision 2. pool allocations, scoring systems, deadlines, Enactment: 4/2/98 Tax provisions technical corrections procedures, the carrying forward of bond Effective: 8/1/98 and administrative changes allocations, and the review of allocations and HF2659 (Olson, E.) compliance monitoring; amending Minne- Electric industry restructuring SF2570* (Belanger) sota Statutes 1996, sections 462A.223, by add- comprehensive study required Chapter 300: relating to taxation; making ing subdivisions; 474A.045; 474A.061, sub- HF3654* (Jennings) technical changes to income, franchise, sales, divisions 1, 2a, and 6; Minnesota Statutes SF3189 (Novak) excise, property, healthcare provider, and 1997 Supplement, section 474A.091, subdi- Chapter 380: relating to utilities; modifying gambling taxes; making technical changes to visions 3 and 6; repealing Minnesota Statutes the membership of the legislative electric tax administrative provisions; requiring man- 1996, section 474A.061, subdivision 3. energy task force; requiring comprehensive date explanations be attached to legislative Enactment: 4/6/98 study of electric industry restructuring; re- bills before committee hearings; amending Effective: 8/1/98 quiring establishment of technical advisory Minnesota Statutes 1996, sections 270.06; work groups; authorizing task force to use its 270.069, subdivision 1; 270.70, subdivision assessment authority to fund work group 15; 278.10; 289A.42, subdivision 2; 289A.65, activities; requiring reports; amending Min- subdivisions 7 and 8; 297E.15, subdivisions 8 nesota Statutes 1997 Supplement, section and 9; Minnesota Statutes 1997 Supplement, 216C.051, subdivision 2. sections 3.987, subdivision 2; 270.701, subdi- Enactment: 4/9/98 vision 2; 289A.09, subdivision 2; 289A.20, Effective: 4/10/98 subdivision 2; 289A.38, subdivision 7; TRANSPORTATION & TRANSIT 290.0673, subdivisions 4, 5, and 7; 290.92, subdivision 30; 295.53, subdivision 4a; 297A.01, subdivisions 3 and 11; 297F.22, sub- Emergency vehicle signal operation divisions 6 and 7; and 297G.21, subdivisions modification 6 and 7. HF2576 (Juhnke) Enactment: 3/18/98 SF2028* (Sams) Effective: Various dates Chapter 263: relating to traffic regulations; TAXES** requiring medical emergency vehicle to sound Property tax rebate for tax both audible signal and display lighted red pre-payments light when responding to emergency; amend- Gasoline and special fuels tax HF2294 (Long) ing Minnesota Statutes 1997 Supplement, provisions recodification and SF2041* (Johnson, D.J.) section 169.17. clarification Chapter 304: relating to taxation; allowing Enactment: 3/4/98 HF2523 (Johnson, R.) the 1997 property tax rebate for prepayments Effective: 8/1/98 SF2266* (Belanger) of tax; amending Laws 1997, chapter 231, Chapter 299: relating to taxation; recodify- article 1, section 16, as amended. ing the tax on petroleum and special fuels; Enactment: 3/18/98 providing civil and criminal penalties; ap- Effective: 3/19/98

100 ** See also Ways & Means Summary

Bicycle racks and storage facilities division 5; Laws 1994, chapter 589, section 8, subdivisions; 171.06, subdivision 1; 171.07, advertisements, public art and as amended; repealing Minnesota Statutes by adding a subdivision; 171.10, subdivision informational signs placement and 1996, sections 221.0335 and 221.035; Minne- 1; 171.12, subdivision 3; 171.16, subdivision maintenance authority sota Statutes 1997 Supplement, section 5; 171.17, subdivisions 2 and 3; 171.172; HF3296 (Long) 221.0355, subdivision 15; Laws 1997, chapter 171.173; 171.174; 171.20, subdivision 3; SF2729* (Spear) 230, section 24; Minnesota Rules parts 171.27; and 171.39; Minnesota Statutes 1997 Chapter 283: relating to highways; allowing 8870.0100; 8870.0200; 8870.0300; 8870.0400; Supplement, sections 171.041; 171.06, sub- advertisements, public art, and informational 8870.0500; 8870.0600; 8870.0700; 8870.0800; divisions 2 and 4; and 171.171; proposing signs to be placed on bicycle racks and bicycle 8870.0900; 8870.1000; and 8870.1100. coding for new law in Minnesota Statutes, storage facilities on highway right-of-way; Enactment: 3/23/98 chapter 171. amending Minnesota Statutes 1996, section Effective: 3/24/98 Enactment: 4/21/98 160.27, subdivision 5, and by adding a Effective: 1/1/99 (Secs. 1-30); 7/1/98 subdivision. Omnibus transportation bill (Sec. 31) Enactment: 3/16/98 HF3057 (Lieder) Effective: 3/17/98 SF3298* (Johnson, J.B.) Department of transportation Chapter 372: relating to the organization housekeeping bill Motor vehicle dealers licensing and operation of state government; appro- HF2589 (Wagenius) requirements exemption for priating money for transportation, public SF2592* (Johnson, J.B.) charitable organizations safety, and other purposes; requiring studies Chapter 403: relating to transportation; au- HF3028 (Pawlenty) and reports; establishing a task force on dealer thorizing advance payment when required SF2163* (Knutson) licensing and motor vehicle registration en- by federal government for transportation Chapter 285: relating to motor vehicles; regu- forcement in the state patrol; requiring wheel project; permitting transfer or extinguish- lating licensed dealers; providing exceptions; flaps on truck-tractors; regulating weight re- ment of access rights; regulating snow fence providing for separate form for assignment strictions on vehicle axles; providing an ex- easements, highway closures, signs, certain of vehicle title; amending Minnesota Statutes emption from aircraft registration; regulat- bicycle racks, semitrailer length, automobile 1996, sections 168.27, subdivision 8; 168A.01, ing state air transportation charges; distrib- tow dollies, railroad crossings, and transpor- by adding a subdivision; and 168A.11, subdi- uting five percent of the highway user tax tation of hazardous materials; providing pay- vision 1; Minnesota Statutes 1997 Supple- distribution fund to town road account, town ment for certain culverts; requiring owners ment, section 168.27, subdivision 1. bridge account, and flexible highway account; to inventory and inspect certain bridges; im- Enactment: 3/18/98 modifying calculation of mileage for city posing minimum penalty for violating safety Effective: 3/19/98 streets and county roads; establishing mid- chain requirements; providing for the revi- town planning and coordination board; sion of the state transportation plan; chang- Trunk Highway 95 designated as State amending Minnesota Statutes 1996, sections ing the scope of certain exemptions relating Trooper Timothy Bowe Memorial 161.081, subdivision 1, and by adding a sub- to motor carriers; modifying contractor bond Highway division; 161.082, subdivisions 1 and 2a; requirements for certain transportation 162.081, subdivision 1; 162.09, subdivision projects; authorizing conveyance of certain HF2612* (Jennings) 1; 169.733, subdivision 1; 169.825, subdivi- tax-forfeited land; making technical changes; SF2335 (Johnson, J.B.) sion 8; 360.024; and 360.653; Laws 1997, removing or modifying descriptions of cer- Chapter 290: relating to highways; designat- chapter 159, article 1, section 2, subdivision tain routes of the trunk highway system; ing the State Trooper Timothy J. Bowe Me- 2; proposing coding for new law in Minne- amending Minnesota Statutes 1996, sections morial Highway; amending Minnesota sota Statutes, chapter 473. 84.63; 117.21; 160.18, subdivision 1; 160.27, Statutes 1996, section 161.14, by adding a Enactment: 4/7/98 subdivision 7, as added, and by adding a subdivision. Effective: Various dates subdivision; 160.296, subdivision 1; 160.80, Enactment: 3/18/98 subdivision 1, and by adding a subdivision; Effective: 8/1/98 Driver’s license provisions modifications 161.115, subdivisions 38 and 87; 165.03; Intrastate hazardous material carriers HF2532 (Chaudhary) 169.26, subdivision 1; 169.81, subdivision 2, SF2407* (Junge) and by adding a subdivision; 169.82, subdivi- provided continuation of uniform Chapter 388: relating to driver’s licenses; sion 3; 174.03, subdivisions 1a and 2; 174A.06; registration and permit program establishing youth-oriented driver improve- 221.025; 221.0314, subdivision 9a; 221.034, HF2665 (Juhnke) ment clinics; establishing a graduated licens- subdivisions 1 and 5; 270.077; and 574.26, SF2316* (Murphy) ing system with provisional license phase; subdivision 1a; Laws 1997, chapter 159, ar- Chapter 310: relating to transportation; con- making technical changes; appropriating ticle 2, section 51, subdivision 1; proposing tinuing the uniform program for registration money; amending Minnesota Statutes 1996, coding for new law in Minnesota Statutes, and permitting of intrastate carriers of haz- sections 120.73, subdivision 1; 169.89, subdi- chapter 16B; repealing Minnesota Statutes ardous materials; eliminating requirement vision 5; 169.971, subdivision 1, and by add- 1996, section 161.115, subdivisions 57 of criminal background check; imposing a ing a subdivision; 169.972; 169.973, subdivi- and 219. fee; amending Minnesota Statutes 1996, sec- sion 1; 171.01, subdivision 14; 171.04, subdi- Enactment: 4/20/98 tion 221.0355, subdivision 4; Minnesota Stat- vision 1; 171.05, subdivision 2, and by adding Effective: Various dates utes 1997 Supplement, section 221.0355, sub-

101 Summary

License provisions clarified Omnibus state departments bill Line-item veto: HF2654* (Mahon) HF3137 (Rukavina) Page 2, Sec. 3, Lines 37-49 SF2318 (Sams) SF3354* (Price) Chapter 405: relating to public safety; allow- Chapter 366: relating to the organization Effective: Various dates ing personalized license plates to be issued and operation of state government; appro- for certain trucks resembling pickup trucks; priating money for the general administra- Omnibus jobs, housing and providing for separate form for assignment tive expenses of state government; modifying economic development of vehicle title; clarifying transfer from dealer provisions relating to state government op- HF3806 (Trimble) provision; increasing allowable radius for erations; modifying budget preparation pro- SF3367* (Beckman) transportation of certain farm products; visions; modifying agency reporting; provid- Chapter 374: relating to economic develop- specifying requirements for motor vehicle ing for certain reimbursement of the health ment; appropriating money for economic broker sign; driving while impaired; clarify- care access fund; modifying the Debt Collec- development, housing, and related purposes; ing that juvenile’s age as it relates to DWI- tion Act; requiring free Internet access to providing for a municipal reimbursement; related driver’s license revocation refers to certain state publications; creating the con- requiring reports; establishing pilot projects; the date of violation instead of the date of struction codes advisory council and the live- providing exemptions from grant limits; de- conviction; providing reasonable time to pe- stock industry environmental steering com- fining terms; setting requirements for waste- tition for driver’s license reinstatement; en- mittee; providing for consumer education water financialVETOED assistance; modifying loan suring uniformity of amount of handling on telemarketing fraud; modifying lottery criteria; modifying supplemental assistance charge allowed for certain driver’s license provisions; creating a settlement division in provisions; establishing a revolving loan fund; reinstatements; clarifying reinstatement han- the Office of Administrative Hearings; trans- modifying warranty provisions; providing dling fee; appropriating money; amending ferring the small claims court; amending warranty information; modifying collection Minnesota Statutes 1996, sections 168.12, Minnesota Statutes 1996, sections 3.3005, agency provisions; requiring builders to make subdivision 2a; 168A.01, by adding a subdivi- subdivision 2, and by adding a subdivision; certain disclosures; establishing a public edu- sion; 168A.11, subdivision 1; and 221.025; 4.07, subdivision 3; 14.04; 14.46, subdivision cation campaign for homeowners’ rights; Minnesota Statutes 1997 Supplement, sec- 4; 15.91, subdivision 2; 16A.055, subdivision providing for an employee notice of rights; tions 168.27, subdivision 10; 169.121, subdi- 6; 16A.10, as amended; 16A.11, subdivision modifying false statement provisions; modi- vision 4; 171.19; 171.20, subdivision 4; and 3; 16A.72; 16B.04, subdivision 4; 16D.02, fying labor provisions for city attorneys; 171.29, subdivision 2. subdivision 3; 16D.04, subdivisions 1 and 4; modifying reinvestment program provisions; Enactment: 4/20/98 16D.06, subdivision 2; 16D.08, subdivision extending boundaries; creating and chang- Effective: 4/21/98 (Secs. 3, 4, 6); 8/1/98 2; 16D.11, as amended; 16D.14, subdivisions ing programs and projects; modifying wage (balance) 2, 3, and 5; 16D.16; 17.03, subdivision 11; rate study provisions; imposing terms and 43A.04, subdivision 1a; 43A.17, subdivision conditions; enacting the Uniform Unclaimed 8; 43A.317, subdivision 8; 45.012; 84.027, Property Act of 1995; making conforming subdivision 14; 116.03, subdivision 2a; changes; amending Minnesota Statutes 1996, 116J.011; 144.05, subdivision 2; 174.02, sub- sections 16A.45, subdivisions 1 and 4; 16B.06, division 1a; 175.001, subdivision 6; 190.09, subdivision 2; 16B.08, subdivision 7; 16B.65, subdivision 2; 196.05, subdivision 2; 216A.07, subdivision 7; 80C.03; 115C.09, by adding a subdivision 6; 268.0122, subdivision 6; 270.02, subdivision; 116.182, subdivision 1, and by WAYS & MEANS subdivision 3a; 299A.01, subdivision 1a; adding a subdivision; 116J.415, subdivision 349A.06, by adding a subdivision; 349A.10, 5; 116J.553, subdivision 2; 116L.03, subdivi- subdivision 3; 349A.11; 352D.12; 357.022; sion 5; 181.64; 181.65; 198.231; 276.19, sub- Payment of claims against the state 363.05, subdivision 3; and 469.177, subdivi- division 4; 308A.711, subdivisions 1 and 2; HF3830* (Olson, E.) sion 11; Minnesota Statutes 1997 Supple- 326.87, subdivision 2; 326.975, subdivision SF3393 (Kelly, R.C.) ment, sections 16A.103, subdivision 1; 1; 327A.01, subdivisions 2 and 5; 327A.02, Chapter 362: relating to claims; providing 16A.11, subdivision 1; 16E.01, subdivision 3; subdivisions 1 and 3; 327A.03; 332.32; 356.65, for payment of certain claims against the 16E.03, subdivisions 1, 3, 4, and 5; 16E.07, subdivision 2; 383B.79, subdivision 1, and by state; authorizing reimbursement of certain subdivision 3; 43A.30, subdivision 5; adding a subdivision; 446A.072, subdivisions costs and fees; appropriating money; pro- 120.0111; 241.01, subdivision 3b; 245.03, 2 and 4; 462A.05, subdivision 14; 462A.21, by posing coding for new law in Minnesota subdivision 2; 270.063, subdivision 1; adding a subdivision; 462A.222, subdivision Statutes, chapter 3. 357.021,subdivision 1a; and 394.232, subdi- 3; 469.303; 474A.061, subdivision 2a; 541.051, Enactment: 4/6/98 vision 5; proposing coding for new law in subdivisions 1 and 4; and 624.68; Minnesota Effective: 4/7/98 (Secs. 1-7); 4/7/98 Minnesota Statutes, chapters 16B; 16D; 325G; Statutes 1997 Supplement, sections 16A.6701, (Sec. 8, with qualifications) and 349A; repealing Minnesota Statutes 1996, subdivision 1; 115C.09, subdivision 3f; section 3.971, subdivision 3; Minnesota Stat- 116J.421, subdivision 1, and by adding a utes 1997 Supplement, sections 16A.11, sub- sudivision; 179A.03, subdivision 7; 268.07, divisions 3b and 3c; and 241.015. subdivision 2, as amended; 462A.05, subdi- Enactment: 4/6/98 vision 39; and 462A.205, subdivisions 1, 2, 5, 6, and 9; Laws 1997, chapter 200, article 1,

102 Summary

section 12, subdivision 2, section 33, subdivi- 1997, chapter 203, article 1, sections 15 and 298.2213, subdivision 4; 298.225, subdivi- sion 1, and by adding subdivisions; Laws 17, as added; proposing coding for new law in sion 1; 298.28, subdivisions 2, 3, 4, 6, 7, 9, 10, 1997, Second Special Session chapter 2, sec- Minnesota Statutes, chapters 12; and 41B; and 11; 298.48, subdivision 1; 325E.112, by tion 4, subdivision 3; proposing coding for repealing Laws 1997, chapter 203, article 1, adding a subdivision; 462.396, subdivision 2; new law in Minnesota Statutes, chapters 116J; section 16, as added. 462A.21, by adding a subdivision; 462A.222, 181; 327A; 345; and 471; repealing Minne- Enactment: 4/9/98 subdivision 3; 469.015, subdivision 4; 469.169, sota Statutes 1996, sections 345.31; 345.32; Effective: 4/10/98 (generally) by adding subdivisions; 469.170, by adding a 345.33; 345.34; 345.35; 345.36; 345.37; 345.38; subdivision; 469.171, subdivision 9; 469.174, 345.381; 345.39; 345.40; 345.41; 345.42; Omnibus tax bill by adding a subdivision; 469.175, subdivi- 345.43; 345.44; 345.45; 345.46; 345.47; HF3840* (Long) sions 5, 6, 6a, and by adding a subdivision; 345.485; 345.49; 345.50; 345.51; 345.515; SF2985 (Johnson, D.J.) 469.176, subdivision 7; 469.177, by adding a 345.52; 345.525; 345.53; 345.54; 345.55; Chapter 389: relating to the financing and subdivision; 469.1771, subdivision 5, and by 345.56; 345.57; 345.58; 345.59; and 345.60; operation of government in this state; pro- adding a subdivision; 469.303; 473.39, by Minnesota Statutes 1997 Supplement, sec- viding property tax reform; providing a prop- adding a subdivision; 473.3915, subdivisions tions 345.48; and 446A.072, subdivision 4a; erty tax rebate; making changes to property 2 and 3; 475.58, subdivisions 1 and 3; Laws 1991, chapter 275, section 3. tax rates, levies, notices, hearings, assessments, 477A.0122, subdivision 6; 477A.03, subdivi- Vetoed: 4/7/98 exemptions, aids, and credits; providing sion 2, and by adding a subdivision; and bonding and levy authority, and other pow- 477A.14; Minnesota Statutes 1997 Supple- Telephone assistance plan provisions ers to certain political subdivisions; making ment, sections 3.986, subdivisions 2 and 4; modifications changes to income, sales, excise, mortgage 3.987, subdivisions 1 and 2; 3.988, subdivi- HF3064 (Clark, K.) registry and deed, premiums, health care pro- sion 3; 3.989, subdivisions 1 and 2; 16A.152, SF2718* (Kelley, S.P.) vider, and solid waste tax provisions; allow- subdivision 2; 60A.15, subdivision 1; 124.239, Chapter 378: relating to telecommunica- ing credits; authorizing the imposition of subdivisions 5, 5a, and 5b; 124.315, subdivi- tions; amending the state telephone assis- certain local sales, use, excise, and lodging sions 4 and 5; 124.918, subdivision 8; 270.60, tance program to match federal requirements; taxes; authorizing a sanitary sewer district; subdivision 4; 270.67, subdivision 2; 272.02, modifying TAP eligibility and enrollment modifying provisions relating to the budget subdivision 1; 272.115, subdivisions 4 and 5; provisions; requiring the Department of reserve and other accounts; making changes 273.112, subdivisions 2, 3, and 4; 273.124, Human Services to automatically enroll eli- to tax increment financing, regional devel- subdivision 14; 273.126, subdivision 3; gible persons based on information in state opment, housing, and economic develop- 273.127, subdivision 3; 273.13, subdivisions information systems;VETOED regulating the TAP sur- ment provisions; providing for the taxation 22, 23, 24, 25, and 31; 273.1382, subdivision charge; requiring Public Utilities Commis- of taconite and the distribution of taconite 1, and by adding a subdivision; 275.065, sub- sion to develop and implement state univer- taxes; modifying provisions relating to the divisions 3 and 6; 275.70, subdivision 5, and sal service fund by January 1, 2002; changing taxation and operation of gaming; providing by adding a subdivision; 275.71, subdivisions authorized expenditures for the telephone tax incentives for border city zones; making 2, 3, and 4; 275.72, by adding a subdivision; assistance fund; requiring funding study and miscellaneous changes to state and local tax 276.04, subdivision 2; 287.08; 289A.02, sub- report; amending Minnesota Statutes 1996, and administrative provisions; changing the division 7; 289A.19, subdivision 2; 290.01, sections 237.49; 237.69, subdivisions 4, 5, senior citizens’ property tax deferral pro- subdivisions 19, 19a, 19b, 19c, 19f, and 31; and by adding a subdivision; 237.70, subdivi- gram; providing grants, loan guarantees, and 290.0671, subdivision 1; 290.0673, subdivi- sions 3, 6, and by adding a subdivision; and low interest loans; changing certain fiscal sions 2 and 6; 290.091, subdivision 6; 290.371, 237.701, subdivision 1; Minnesota Statutes note requirements; providing for a land trans- subdivision 2; 290A.03, subdivisions 11, 13, 1997 Supplement, section 237.70, subdivi- fer; appropriating money; amending Minne- and 15; 290B.03, subdivision 2; 290B.04, sub- sions 4a and 7; proposing coding for new law sota Statutes 1996, sections 16A.102, subdi- divisions 1, 3, and by adding subdivisions; in Minnesota Statutes, chapter 237; repeal- visions 1 and 2; 124A.03, subdivision 1f; 290B.05, subdivisions 1, 2, and 4; 290B.06; ing Minnesota Statutes 1996, section 237.69, 240.15, subdivisions 1 and 5; 272.0211, sub- 290B.07; 290B.08, subdivision 2; 290B.09, subdivision 9. division 1; 273.135, subdivision 2; 273.1391, subdivision 1; 291.005, subdivision 1; 95.52, Vetoed: 4/9/98 subdivision 2; 273.1398, subdivisions 1a, 2, subdivision 4; 297A.01, subdivision 16; and 4; 275.07, by adding a subdivision; 290.01, 297A.25, subdivisions 3, 9, 11, 59, and by Tornado relief bill subdivision 3b; 290.06, subdivisions 2c; adding a subdivision; 297A.256, subdivision HF3862* (Johnson, R.) 290.067, subdivision 2a; 290.0671, by adding 1; 297A.48, by adding a subdivision; 297B.03; SF3411 (Hottinger) subdivisions; 290.091, subdivision 2; 297G.01, by adding a subdivision; 297G.03, Chapter 383: relating to tornado and other 290.0921, subdivision 3a; 290.10; 290.21, sub- subdivision 1; 297H.04, by adding a subdivi- natural disaster relief; providing for tempo- division 3; 290A.03, subdivision 3; 290A.14; sion; 298.24, subdivision 1; 298.28, subdivi- rary waivers of certain programs and other 295.52, subdivision 4a; 297A.01, subdivisions sions 9a and 9b; 298.296, subdivision 4; relief; appropriating money; amending Min- 8 and 15; 297A.02, subdivisions 2 and 4; 349.19, subdivision 2a; 446A.085, subdivi- nesota Statutes 1996, section 268.38, by add- 297A.135, subdivisions 4, as amended; and 5, sion 1; 462A.05, subdivision 39; 462A.071, ing a subdivision; Minnesota Statutes 1997 as added; 297A.25, subdivision 60, and by subdivisions 2, 4, 6, and 8; 465.715, by adding Supplement, sections 41B.043, subdivision adding subdivisions; 297E.0, subdivisions 1, subdivisions; 469.169, subdivision 11; and 2a; 168.16; and 273.124, subdivision 14; Laws 4, and 6; 298.22, subdivision 2; 298.221; 477A.011, subdivision 36; Laws 1965, chap-

103 Summary

ter 326, section 1, subdivision 5, as amended; establishing a temporary program of assis- Omnibus bonding bill Laws 1967, chapter 170, section 1, subdivi- tance for federal crop insurance premiums; HF3843* (Kalis) sion 5, as amended; Laws 1971, chapter 773, mitigating neighborhood insect infestation; SFnone (Langseth) section 1, as amended; and section 2, as appropriating money; amending Minnesota Chapter 404: relating to public administra- amended; Laws 1976, chapter 162, section 1, Statutes 1996, section 90.193; Laws 1986, tion; authorizing spending for public pur- as amended; Laws 1980, chapter 511, section chapter 398, article 1, section 18, as amended; poses; authorizing spending to acquire and 1, subdivision 2, as amended; section 2; and proposing coding for new law in Minnesota to better public land and buildings and other section 3; Laws 1984, chapter 380, section 1, Statutes, chapter 583. public improvements of a capital nature with as amended; and section 2; Laws 1991, chap- Enactment: 4/21/98 certain conditions; authorizing state bonds; ter 291, article 8, section 27, subdivision 3; Effective: Various dates appropriating money; amending Minnesota Laws 1992, chapter 511, article 2, section 52, Statutes 1996, sections 16A.105; 16A.11, sub- as amended; article 8, section 33, subdivision Omnibus environment and natural division 3a, and by adding a subdivision; 5; Laws 1993, chapter 375, article 9, section resources bill 16A.501; 16B.30; 85.019, subdivison 4a; 46, subdivisions 2, 3, and 5; Laws 1994, chap- HF3799 (Osthoff) 103F.725, subdivision 1a; 116.16, subdivi- ter 587, article 11, by adding; Laws 1995, SF3353* (Morse) sion 5; 116.182, subdivision 1, and by adding chapter 255, article 3, section 2, subdivision Chapter 401: relating to the organization a subdivision; 446A.072, subdivisions 2, 4, 1, as amended; and subdivision 4, as amended; and operation of state government; appro- and by adding a subdivision; 473.39, by add- chapter 264, article 2, section 44; Laws 1997, priating money for environmental, natural ing a subdivision; 473.399; 473.3994, subdi- chapter 105, section 3, as amended; chapter resource, and agricultural purposes; provid- visions 5, 10, and 12; and 473.3998; Minne- 225, article 2, section 64; chapter 231, article ing for regulation of certain activities and sota Statutes 1997 Supplement, sections 1, section 16, as amended; article 2, section practices; amending Minnesota Statutes 1996, 16A.641, subdivision 4; 16B.335, subdivision 63, subdivision 1; and section 68, subdivi- sections 3.737, subdivisions 1, 4, and by add- 1; 116.18, subdivision 3c; 124C.498, subdivi- sions 1 and 3; article 5, section 18, subdivi- ing a subdivision; 18C.141; 35.82, subdivi- sion 2; 268.917; and 462A.202, subdivision sion 1; article 7, section 47; article 10, section sion 2; 41A.09, subdivision 1a; 84.871; 3a; Laws 1963, chapter 305, sections 1, 2, 3, 4, 24; article 13, section 19; and Laws 1997 86B.101, subdivision 2; 86B.415, subdivision 5, 7, 8, 9, 10, and 11; Laws 1986, chapter 396, Second Special Session chapter 2, section 4, 1, and by adding a subdivision; 89A.03, sub- section 2, subdivision 1, as amended; Laws subdivision 3; proposing coding for new law division 1; 90.193; 93.002, subdivision 1; 1990, chapter 610, article 1, section 16, sub- in Minnesota Statutes, chapters 272; 273; 97A.037, subdivision 1; 97A.245; 103C.315, division 4; Laws 1994, chapter 643, section 2, 290B; 298; 365A; 462A; 469; 471; and 477A; subdivision 4; 103F.155, subdivision 2; subdivision 13; Laws 1996, chapter 463, sec- repealing Minnesota Statutes 1996, sections 103F.161, subdivision 2; 103G.271, subdivi- tions 13, subdivision 4, as amended, 14, sub- 289A.50, subdivision 6; 297A.02, subdivi- sion 6; 115.076, subdivision 1; 116.07, by divisions 2 and 6, and 22, subdivision 7; and sion 2; 298.012; 298.21; 298.23; 298.34, sub- adding subdivisions; 308A.131, subdivision Laws 1997, chapter 202, article 1, section 35, divisions 1 and 4; 298.391, subdivisions 2 and 1; 308A.705, subdivision 3; Minnesota Stat- as amended; proposing coding for new law in 5; and 365A.09; Minnesota Statutes 1997 utes 1997 Supplement, sections 17.101, sub- Minnesota Statutes, chapter 116J; repealing Supplement, sections 3.987, subdivision 3; division 5; 41A.09, subdivision 3a; 84.8205; Minnesota Statutes 1996, section 473.3994, 14.431; and 273.13, subdivision 32. 84.86, subdivision 1; 85.015, subdivision 1c; subdivision 11; Minnesota Statutes 1997 Enactment: 4/21/98 115.55, subdivision 5a; 116.07, subdivision 7; Supplement, section 446A.072, subdivision Effective: Various dates 116.18, subdivision 3c; 169.1217, subdivi- 4a; Laws 1985, First Special Session chapter sion 1; and 308A.705, subdivision 1; Laws 15, section 36; and Laws 1986, chapter 396, Farmer-lender mediation act 1997, chapter 216, section 15, subdivision 8; section 2, subdivision 2. provisions modified proposing coding for new law in Minnesota Enactment: 4/21/98 HF3853* (Tunheim) Statutes, chapters 17; 18C; and 84; repealing Effective: Various dates SF3409 (Stumpf) Minnesota Statutes 1997 Supplement, sec- Chapter 395: relating to agriculture; modi- tion 85.015, subdivision 1c; and Laws 1991, fying provisions for timber permit exten- chapter 275, section 3. sions; extending the Farmer Lender Media- Enactment: 4/21/98 tion Act; requiring a report; providing for voluntary alternative dispute resolution in Line-item vetoes: rural areas; providing emergency financial Page 6, Sec. 4, Lines 65-68; relief for farm families in certain counties; Page 7, Sec. 4, Lines 1-9; Page 12, Sec. 6, Lines 10-12; and Page 13, Sec. 6, Lines 1-8

Effective: Various dates

104 Summary

April 20, 1998 and article 5, section 54, subdivisions 4 and 6; nomic development, housing, family and 1998 H.F. No. 3840, article 8, section 48; early childhood, and related programs; modi- SPECIAL SESSION article 12, sections 7, subdivision 2; and 9, fying community action program provisions; subdivision 4; article 15, section 22; 1998 modifying various programs and projects; H.F. No. 3843, sections 2, subdivision 8; 5, providing for a grant limit exception; amend- subdivision 3; 7, subdivisions 9 and 33, 15, ing Minnesota Statutes 1996, sections 16B.06, subdivision 5; 23, subdivision 4; and 25, sub- subdivision 2; 115C.09, by adding a subdivi- division 9; 1998 S.F. No. 2407, section 31; sion; 268.52, subdivisions 1 and 2; 268.54, 1998 S.F. No. 3346, article 1, section 2, subdi- subdivision 2; 383B.79, subdivision 1, and by JUDICIARY vision 3; article 3, section 23; and article 6, adding a subdivision; and 469.303; Minne- section 119; Minnesota Statutes 1996, sec- sota Statutes 1997 Supplement, sections tions 124A.22, subdivision 14, as amended; 115C.09, subdivision 3f; 116J.421, subdivi- Economic loss arising from the sales and 124A.29, subdivision 1, as amended; sion 1, and by adding a subdivision; 179A.03, of goods provision effect on civil Minnesota Statutes 1997 Supplement, sec- subdivision 7; and 268.53, subdivision 5; Laws actions based on fraud clarified tions 124A.28, subdivision 1a, as amended; 1997, chapter 162, article 4, section 63, sub- HF2 (Tunheim) 297A.25, subdivision 11, as amended; and division 2. SF1* (Stumpf) 626.556, subdivision 10f, as amended. Enactment: 4/22/98 Chapter 2: relating to civil actions; clarifying Enactment: 4/22/98 Effective: Various dates the effect of the economic loss statute on Effective: Various dates actions based upon fraud or intentional misrepresentation; amending Minnesota Statutes 1996, section 604.10. Enactment: 4/22/98 Effective: 4/23/98

Revisor’s bill correcting miscellaneous oversights, inconsistencies, WAYS & MEANS ambiguities, unintended results, and technical errors Omnibus economic development, HF7 (Skoglund) housing, family and early SF8* (Ranum) childhood education programs Chapter 3: relating to legislative enactments; supplemental appropriations correcting miscellaneous noncontroversial HF1 (Trimble) oversights, inconsistencies, ambiguities, un- SF2* (Beckman) intended results, and technical errors; amend- Chapter 1: relating to the operation of state ing 1998 H.F. No. 2874, article 1, sections 44, government; appropriating money for eco- subdivision 2; and 52; article 4, section 16;

105 Highlights Subject Index The Lawmaking Process: A Step-by-Step Guide The lawmaking process is a technical one, filled with many complex rules and procedures that can determine whether a bill will or will not become law. While this guide shows how most bills become law (follow the shaded areas), it does not account for all possibilities.

Idea

Legal Form

Authors

Introduction (first reading)

recommend Committee(s) refer to another not to pass committtee

recommend to pass (with or without amendments)

refer back to Floor committee and Committee Report restart process (second reading)

General Orders refer back to not pass Consent Calendar (Committee of the Whole) committee and restart process

recommend to pass not pass (with or without amendments) recommend to pass (with or without amendments) Calendar (third reading) not pass

pass or pass as amended (amendments need unanimous consent)

Conference to other body Committee (House or Senate) Concurrence (needs repassage and Repassage by both bodies)

pass

veto and Governor pocket return to veto House or Senate line-item signature veto

veto override Law

106 How a Bill Becomes a Law in MinnesotaHighlights Subject Index Idea Legal form Authors A bill is an idea for a new law or an The Office of the Revisor of Statutes Each bill must have a legislator to idea to change an old law. Anyone and staff from other legislative offices sponsor and introduce it in the can suggest an idea for a bill — an work with legislators in putting the Legislature. That legislator is the chief 1 individual, consumer group, profes- 2 idea for a new law into proper legal author whose name appears on the sional association, government agency, or form. The revisor’s office is responsible for bill3 along with the bill’s file number to the governor. Most often, however, ideas assuring that the proposal’s form complies identify it as it moves through the legislative come from legislators, the only ones who can with the rules of both bodies before the bill process. There may be up to four co-authors begin to move an idea through the process. can be introduced into the Minnesota House from the House and four from the Senate. There are 134 House members and 67 of Representatives and the . Their names also appear on the bill. senators. Introduction Committee Floor The chief House author of the bill The bill is discussed in one or more After the full House, or Senate, introduces it in the House; the chief committees depending upon the accepts the committee report, the Senate author introduces it in the subject matter. After discussion, bill has its second reading. From Senate. Identical bills introduced in committee members recommend here, the bill is usually placed on the each4 body are called companion bills. The bill action5 — approval or disapproval — to the House6 and Senate agendas called General introduction is called the first reading. The full House and full Senate. The House Orders. (A committee can recommend that a presiding officer of the House then refers it committee then sends a report to the House local or non-controversial bill bypass to an appropriate House committee for about its action on the bill; the Senate General Orders and go onto the Consent discussion; the same thing happens in the committee does likewise in the Senate. Calendar where it usually passes without Senate. debate.)

General Orders Calendar Special Orders On General Orders, all House or The Calendar is a list of bills the full Toward the end of the session, the Senate members, acting as the House and full Senate vote on. At this rules committees of the House and “committee of the whole,” have a point, the bill has its third reading. Senate designate bills from the chance to debate the issue, offer The bill cannot be amended unless General Orders calendar to receive 7amendments, and present arguments on the 8the entire body agrees to it. Here, representa- 9priority consideration. These Special Orders bill. Afterwards, they vote to recommend: tives and senators vote on the bill for the last bills are debated, amended, and passed in passage of the bill, progress (delay action), or time. A bill needs 68 votes to pass the House one day. The House also has a Rule 1.10 further committee action. And sometimes and 34 votes to pass the Senate. If the House calendar which allows the chairs of the Taxes they recommend that a bill not pass. and Senate each pass the same version of the and Appropriations committees to call up Members’ votes on General Orders are bill, it goes to the governor for a signature. for consideration any tax or appropriations usually not recorded unless there is a specific bill that has had a second reading. These request to do so. From here, the bill is placed Rule 1.10 bills are debated, amended, and on the Calendar. passed in one day. Conference Floor Governor If the House and Senate The conference committee’s Once the governor has the bill, versions of the bill are differ- compromise bill then goes back he or she may: sign it, and the ent, they go to a conference to the House and the Senate for bill becomes law; veto it within 10 committee. In the House, the 11 another vote. If both bodies pass 12 three days; or allow it to speaker of the House appoints three or five the bill in this form, it is sent to the governor become law by not signing it. During representatives, and in the Senate, the for his or her approval or disapproval. (If session, the House and Senate can override a Subcommittee on Committees of the one or both bodies reject the report, it goes governor’s veto. This requires a two-thirds Committee on Rules and Administration back to the conference committee for further vote in the House (90 votes) and Senate selects the same number of senators to form consideration.) (45 votes). The governor also may “line-item the committee. The committee meets to veto” parts of a money bill, or “pocket veto” work out differences in the two bills and to a bill passed during the last three days of the reach a compromise. session by not signing it within 14 days after final adjournment.

107 Highlights Subject IndexMinnesota House of Representatives 1998 Members List as of January 28, 1998 Phone Phone District/Member/Party Room* (651) 296- District/Member/Party Room* (651) 296-

45A Abrams, Ron (R) ...... 209 ...... 9934 37B Macklin, Bill (R) ...... 349 ...... 6926 19B Anderson, Bruce (R) ...... 281 ...... 5063 40A Mahon, Mark P. (DFL)...... 401 ...... 7158 3A Anderson, Irv (DFL) ...... 563 ...... 4936 55A Mares, Harry (R) ...... 239 ...... 5363 6A Bakk, Thomas (Tom) (DFL) ...... 575 ...... 2190 65B Mariani, Carlos (DFL) ...... 403 ...... 9714 10B Bettermann, Hilda (R) ...... 243 ...... 4317 57B Marko, Sharon (DFL)...... 439 ...... 3135 59A Biernat, Len (DFL) ...... 429 ...... 4219 55B McCollum, Betty (DFL) ...... 501 ...... 1188 30B Bishop, Dave (R) ...... 343 ...... 0573 36B McElroy, Dan (R) ...... 259 ...... 4212 25B Boudreau, Lynda (R) ...... 327 ...... 8237 54A McGuire, Mary Jo (DFL) ...... 379 ...... 4342 30A Bradley, Fran (R) ...... 233 ...... 9249 39B Milbert, Bob (DFL) ...... 579 ...... 4192 53B Broecker, Sherry (R) ...... 321 ...... 7153 35A Molnau, Carol L. (R) ...... 287 ...... 8872 46B Carlson, Lyndon R. (DFL) ...... 365 ...... 4255 21B Mulder, Richard (R) ...... 283 ...... 4336 47B Carruthers, Phil (DFL) ...... 463 ...... 3709 58A Mullery, Joe (DFL) ...... 359 ...... 4262 52A Chaudhary, Satveer (DFL)...... 507 ...... 4331 7A Munger, Willard (DFL) ...... 479 ...... 4282 23A Clark, James (R) ...... 211 ...... 9303 8A Murphy, Mary (DFL) ...... 557 ...... 2676 61A Clark, Karen (DFL) ...... 503 ...... 0294 20A Ness, Robert “Bob” (R) ...... 289 ...... 4344 38A Commers, Tim (R) ...... 217 ...... 3533 10A Nornes, Bud (R) ...... 357 ...... 4946 11A Daggett, Roxann (R) ...... 253 ...... 4293 2B Olson, Edgar (DFL) ...... 565 ...... 4265 31B Davids, Gregory M. (R) ...... 371 ...... 9278 19A Olson, Mark (R) ...... 323 ...... 4237 65A Dawkins, Andy (DFL) ...... 409 ...... 5158 16A Opatz, Joe (DFL)...... 473 ...... 6612 14A Dehler, Steve (R) ...... 203 ...... 7808 60B Orfield, Myron (DFL) ...... 521 ...... 9281 51A Delmont, Mike (DFL) ...... 433 ...... 4226 29B Osskopp, Mike (R) ...... 329 ...... 9236 29A Dempsey, Jerry (R) ...... 251 ...... 8635 66A Osthoff, Tom (DFL) ...... 585 ...... 4224 24A Dorn, John (DFL) ...... 571 ...... 3248 11B Otremba, Mary Ellen (DFL) ...... 545 ...... 3201 64A Entenza, Matt (DFL) ...... 421 ...... 8799 37A Ozment, Dennis (R)...... 317 ...... 4306 42A Erhardt, Ron (R) ...... 237 ...... 4363 42B Paulsen, Erik (R) ...... 221 ...... 7449 17A Erickson, Sondra (R)...... 247 ...... 6746 38B Pawlenty, Tim (R) ...... 231 ...... 4128 52B Evans, Geri (DFL) ...... 413 ...... 0141 64B Paymar, Michael (DFL) ...... 529 ...... 4199 67A Farrell, Jim (DFL) ...... 491 ...... 4277 32A Pelowski Jr., Gene (DFL) ...... 549 ...... 8637 1B Finseth, Tim (R) ...... 377 ...... 9918 13B Peterson, Doug (DFL) ...... 569 ...... 4228 44A Folliard, Betty (DFL) ...... 523 ...... 3964 39A Pugh, Thomas W. (DFL) ...... 583 ...... 6828 63B Garcia, Edwina (DFL) ...... 417 ...... 5375 46A Rest, Ann H. (DFL) ...... 485 ...... 4176 9A Goodno, Kevin (R) ...... 369 ...... 5515 28A Reuter, Doug (R) ...... 241 ...... 5368 62A Greenfield, Lee (DFL) ...... 381 ...... 0173 44B Rhodes, Jim (R) ...... 309 ...... 9889 54B Greiling, Mindy (DFL) ...... 553 ...... 5387 32B Rifenberg, Michelle (R) ...... 215 ...... 1069 26A Gunther, Bob (R) ...... 337 ...... 3240 18A Rostberg, Jim (R) ...... 311 ...... 5364 48A Haas, Bill (R) ...... 201 ...... 5513 5A Rukavina, Tom (DFL)...... 471 ...... 0170 22B Harder, Elaine (R) ...... 277 ...... 5373 17B Schumacher, Leslie J. (DFL) ...... 517 ...... 5377 12A Hasskamp, Kris (DFL) ...... 453 ...... 4333 41A Seagren, Alice (R) ...... 315 ...... 7803 66B Hausman, Alice (DFL) ...... 449 ...... 3824 21A Seifert, Marty (R) ...... 213 ...... 5374 8B Hilty, Bill (DFL) ...... 525 ...... 4308 50A Sekhon, Kathleen (DFL) ...... 451 ...... 2439 56A Holsten, Mark (R) ...... 345 ...... 3018 4A Skare, Gail (DFL) ...... 431 ...... 5516 6B Huntley, Thomas (DFL) ...... 533 ...... 2228 62B Skoglund, Wes (DFL) ...... 477 ...... 4330 7B Jaros, Mike (DFL)...... 559 ...... 4246 57A Slawik, Nora (DFL) ...... 551 ...... 7807 58B Jefferson, Richard (DFL) ...... 577 ...... 8659 34A Smith, Steve (R) ...... 353 ...... 9188 18B Jennings, Loren Geo (DFL) ...... 591 ...... 0518 3B Solberg, Loren A. (DFL) ...... 445 ...... 2365 48B Johnson, Alice M. (DFL) ...... 539 ...... 5510 33B Stanek, Rich (R) ...... 351 ...... 5502 24B Johnson, Ruth (DFL) ...... 567 ...... 7065 14B Stang, Doug (R) ...... 223 ...... 4373 15A Juhnke, Al (DFL) ...... 531 ...... 6206 28B Sviggum, Steve (R) ...... 267 ...... 2273 59B Kahn, Phyllis (DFL) ...... 367 ...... 4257 23B Swenson, Howard (R)...... 331 ...... 8634 26B Kalis, Henry J. (DFL) ...... 543 ...... 4240 43B Sykora, Barb (R) ...... 389 ...... 4315 35B Kelso, Becky (DFL) ...... 415 ...... 1072 50B Tingelstad, Kathy (R) ...... 295 ...... 5369 20B Kielkucki, Tony (R) ...... 313 ...... 1534 5B Tomassoni, David J. (DFL) ...... 593 ...... 0172 4B Kinkel, Anthony G. (Tony) (DFL) ...... 537 ...... 2451 36A Tompkins, Eileen (R) ...... 245 ...... 5506 40B Knight, Kevin (R) ...... 229 ...... 4218 67B Trimble, Steve (DFL) ...... 597 ...... 4201 16B Knoblach, Jim (R) ...... 207 ...... 6316 25A Tuma, John (R) ...... 301 ...... 4229 49B Koskinen, Luanne (DFL) ...... 411 ...... 4231 1A Tunheim, Jim (DFL) ...... 509 ...... 9635 27A Kraus, Ron (R) ...... 279 ...... 8216 34B Van Dellen, Todd (R) ...... 291 ...... 5511 53A Krinkie, Philip (R) ...... 303 ...... 2907 51B Vandeveer, Ray (R) ...... 255 ...... 4124 15B Kubly, Gary W. (DFL)...... 423 ...... 4346 63A Wagenius, Jean (DFL)...... 437 ...... 4200 31A Kuisle, William (R) ...... 375 ...... 4378 49A Weaver, Charlie (R) ...... 261 ...... 1729 56B Larsen, Peg (R) ...... 307 ...... 4244 61B Wejcman, Linda (DFL)...... 407 ...... 7152 27B Leighton, Rob (DFL) ...... 527 ...... 4193 12B Wenzel, Stephen G. (DFL) ...... 487 ...... 4247 45B Leppik, Peggy (R) ...... 393 ...... 7026 9B Westfall, Robert L. (Bob) (R) ...... 225 ...... 6829 2A Lieder, Bernie L. (DFL) ...... 515 ...... 5091 13A Westrom, Torrey (R) ...... 273 ...... 4929 33A Lindner, Arlon (R) ...... 227 ...... 7806 22A Winter, Ted (DFL) ...... 459 ...... 5505 60A Long, Dee (DFL) ...... 443 ...... 0171 41B Wolf, Ken (R) ...... 387 ...... 5185 47A Luther, Darlene (DFL) ...... 581 ...... 3751 43A Workman, Tom (R) ...... 335 ...... 5066

Note: Room numbers are subject to change. *All rooms are in the State Office Building, St. Paul, MN 55155 108 Minnesota Senate 1998 Members Highlights Subject Index

Phone Phone District/Member/Party Room* (651) 296- District/Member/Party Room* (651) 296- 66 Anderson, Ellen R. (DFL) ...... G-24 Cap...... 5537 8 Lourey, Becky (DFL) ...... G-9 Cap...... 0293 26 Beckman, Tracy L. (DFL) ...... 124G Cap...... 5713 54 Marty, John (DFL) ...... 325 Cap...... 5645 41 Belanger Jr., William V. (R) ...... 113 SOB ...... 5975 39 Metzen, James P. (DFL) ...... 303 Cap...... 4370 13 Berg, Charles A. (Ind.) ...... G-51 SOB ...... 5094 2 Moe, Roger D. (DFL) ...... 208 Cap...... 2577 61 Berglin, Linda (DFL) ...... 309 Cap...... 4261 32 Morse, Steven (DFL) ...... G-24 Cap...... 5649 48 Betzold, Don (DFL) ...... 306 Cap...... 2556 29 Murphy, Steve (DFL) ...... 301 Cap...... 4264 64 Cohen, Richard J. (DFL) ...... 317 Cap...... 5931 25 Neuville, Thomas M. (R) ...... 123 SOB ...... 1279 28 Day, Dick (R) ...... 147 SOB ...... 9457 52 Novak, Steven G. (DFL) ...... 322 Cap...... 4334 20 Dille, Steve (R) ...... 103 SOB ...... 4131 43 Oliver, Edward C. (R) ...... 121 SOB ...... 4837 14 Fischbach, Michelle L. (R)...... 149 SOB ...... 2084 34 Olson, Gen (R) ...... 119 SOB ...... 1282 62 Flynn, Carol (DFL) ...... 120 Cap...... 4274 19 Ourada, Mark (R) ...... 145 SOB ...... 5981 49 Foley, Leo T. (DFL) ...... G-9 Cap...... 4154 65 Pappas, Sandra L. (DFL) ...... 120 Cap...... 1802 23 Frederickson, Dennis R. (R) ...... 139 SOB ...... 8138 37 Pariseau, Pat (R) ...... 109 SOB ...... 5252 50 Hanson, Paula E. (DFL) ...... 328 Cap...... 3219 27 Piper, Pat (DFL) ...... G-9 Cap...... 9248 58 Higgins, Linda I. (DFL) ...... 227 Cap...... 9246 59 Pogemiller, Lawrence J. (DFL) ...... 235 Cap...... 7809 24 Hottinger, John C. (DFL) ...... 120 Cap...... 6153 57 Price, Leonard R. (DFL) ...... 235 Cap...... 7-8060 5 Janezich, Jerry R. (DFL) ...... 328 Cap...... 8017 63 Ranum, Jane B. (DFL)...... 306 Cap...... 7-8061 40 Johnson, Dave (DFL) ...... 111 Cap...... 9261 45 Robertson, Martha R. (R) ...... 125 SOB ...... 4314 15 Johnson, Dean E. (R) ...... 117 SOB ...... 3826 35 Robling, Claire A. (R) ...... 151 SOB ...... 4123 6 Johnson, Douglas J. (DFL) ...... 205 Cap...... 8881 53 Runbeck, Linda (R) ...... 107 SOB ...... 1253 18 Johnson, Janet B. (DFL) ...... G-9 Cap...... 5419 11 Sams, Dallas C. (DFL) ...... 328 Cap...... 7-8063 46 Junge, Ember Reichgott (DFL) ...... 205 Cap...... 2889 12 Samuelson, Don (DFL) ...... 124 Cap...... 4875 44 Kelley, Steve (DFL) ...... 321 Cap...... 7-8065 31 Scheevel, Kenric J. (R) ...... 129 SOB ...... 3903 67 Kelly, Randy C. (DFL) ...... 323 Cap...... 5285 47 Scheid, Linda (DFL) ...... 317 Cap...... 8869 30 Kiscaden, Sheila M. (R) ...... 135 SOB ...... 4848 7 Solon, Sam G. (DFL) ...... 303 Cap...... 4188 16 Kleis, Dave (R) ...... 143 SOB ...... 6455 60 Spear, Allan H. (DFL) ...... 120 Cap...... 4191 36 Knutson, David L. (R) ...... 133 SOB ...... 4120 17 Stevens, Dan (R) ...... 105 SOB ...... 8075 51 Krentz, Jane (DFL) ...... 235 Cap...... 7061 1 Stumpf, LeRoy A. (DFL) ...... G-24 Cap...... 8660 56 Laidig, Gary W. (R) ...... 141 SOB ...... 4351 4 Ten Eyck, David J. (DFL) ...... G-24F Cap...... 4913 9 Langseth, Keith (DFL) ...... 122 Cap...... 3205 42 Terwilliger, Roy (R) ...... 115 SOB ...... 6238 10 Larson, Cal (R) ...... 153 SOB ...... 5655 22 Vickerman, Jim (DFL) ...... 226 Cap...... 5650 21 Lesewski, Arlene J. (R) ...... 131 SOB ...... 4125 38 Wiener, Deanna L. (DFL) ...... 303 Cap...... 7-8073 3 Lessard, Bob (DFL) ...... 111 Cap...... 4136 55 Wiger, Charles W. (DFL) ...... 325 Cap...... 6820 33 Limmer, Warren (R) ...... 127 SOB ...... 2159 *Capitol or State Office Building, St. Paul, MN 55155 Minnesota House and Senate Membership

A • Rep. Jim Tunheim-DFL A • Rep. Al Juhnke-DFL A • Rep. Jerry Dempsey-R A • Rep. Tom Workman-R A • Rep. Nora Slawik-DFL B • Rep. Tim Finseth-R B • Rep. Gary W. Kubly-DFL B • Rep. Mike Osskopp-R B • Rep. Barb Sykora-R B • Rep. Sharon Marko-DFL 1 Sen. LeRoy A. Stumpf-DFL 15 Sen. Dean E. Johnson-R 29 Sen. Steve Murphy-DFL 43 Sen. Edward C. Oliver-R 57 Sen. Leonard R. Price-DFL A • Rep. Bernie L. Lieder-DFL A • Rep. Joe Opatz-DFL A • Rep. Fran Bradley-R A • Rep. Betty Folliard-DFL A • Rep. Joe Mullery-DFL B • Rep. Edgar Olson-DFL B • Rep. Jim Knoblach-R B • Rep. Dave Bishop-R B • Rep. Jim Rhodes-R B • Rep. Richard Jefferson-DFL 2 Sen. Roger D. Moe-DFL 16 Sen. Dave Kleis-R 30 Sen. Sheila M. Kiscaden-R 44 Sen. Steve Kelley-DFL 58 Sen. Linda I. Higgins-DFL A • Rep. Irv Anderson-DFL A • Rep. Sondra Erickson-R A • Rep. William Kuisle-R A • Rep. Ron Abrams-R A • Rep. Len Biernat-DFL B • Rep. Loren A. Solberg-DFL B • Rep. Leslie J. Schumacher-DFL B • Rep. Gregory M. Davids-R B • Rep. Peggy Leppik-R B • Rep. Phyllis Kahn-DFL 3 Sen. Bob Lessard-DFL 17 Sen. Dan Stevens-R 31 Sen. Kenric J. Scheevel-R 45 Sen. Martha R. Robertson-R 59 Sen. Lawrence J. Pogemiller-DFL A • Rep. Gail Skare-DFL A • Rep. Jim Rostberg-R A • Rep. Gene Pelowski Jr.-DFL A • Rep. Ann H. Rest-DFL A • Rep. Dee Long-DFL B • Rep. Anthony G. Tony Kinkel-DFL B • Rep. Loren Geo Jennings-DFL B • Rep. Michelle Rifenberg-R B • Rep. Lyndon R. Carlson-DFL B • Rep. Myron Orfield-DFL 4 Sen. David J. Ten Eyck-DFL 18 Sen. Janet B. Johnson-DFL 32 Sen. Steven Morse-DFL 46 Sen. Ember R. Junge-DFL 60 Sen. Allan H. Spear-DFL A • Rep. Tom Rukavina-DFL A • Rep. Mark Olson-R A • Rep. Arlon Lindner-R A • Rep. Darlene Luther-DFL A • Rep. Karen Clark-DFL B • Rep. David J. Tomassoni-DFL B • Rep. Bruce Anderson-R B • Rep. Rich Stanek-R B • Rep. Phil Carruthers-DFL B • Rep. Linda Wejcman-DFL 5 Sen. Jerry R. Janezich-DFL 19 Sen. Mark Ourada-R 33 Sen. Warren Limmer-R 47 Sen. Linda Scheid-DFL 61 Sen. Linda Berglin-DFL A • Rep. Thomas Tom Bakk-DFL A • Rep. Robert “Bob” Ness-R A • Rep. Steve Smith-R A • Rep. Bill Haas-R A • Rep. Lee Greenfield-DFL B • Rep. Thomas Huntley-DFL B • Rep. Tony Kielkucki-R B • Rep. Todd Van Dellen-R B • Rep. Alice M. Johnson-DFL B • Rep. Wes Skoglund-DFL 6 Sen. Douglas J. Johnson-DFL 20 Sen. Steve Dille-R 34 Sen. Gen Olson-R 48 Sen. Don Betzold-DFL 62 Sen. Carol Flynn-DFL A • Rep. Willard Munger-DFL A • Rep. -R A • Rep. Carol L. Molnau-R A • Rep. Charlie Weaver-R A • Rep. Jean Wagenius-DFL B • Rep. Mike Jaros-DFL B • Rep. Richard Mulder-R B • Rep. Becky Kelso-DFL B • Rep. Luanne Koskinen-DFL B • Rep. Edwina Garcia-DFL 7 Sen. Sam G. Solon-DFL 21 Sen. Arlene J. Lesewski-R 35 Sen. Claire A. Robling-R 49 Sen. Leo Foley-DFL 63 Sen. Jane B. Ranum-DFL A • Rep. Mary Murphy-DFL A • Rep. Ted Winter-DFL A • Rep. Eileen Tompkins-R A • Rep. Kathleen Sekhon-DFL A • Rep. Matt Entenza-DFL B • Rep. Bill Hilty-DFL B • Rep. Elaine Harder-R B • Rep. Dan McElroy-R B • Rep. Kathy Tingelstad-R B • Rep. Michael Paymar-DFL 8 Sen. Becky Lourey-DFL 22 Sen. Jim Vickerman-DFL 36 Sen. David L. Knutson-R 50 Sen. Paula E. Hanson-DFL 64 Sen. Richard J. Cohen-DFL A • Rep. Kevin Goodno-R A • Rep. James Clark-R A • Rep. Dennis Ozment-R A • Rep. Mike Delmont-DFL A • Rep. Andy Dawkins-DFL B • Rep. Robert L. Bob Westfall-R B • Rep. Howard Swenson-R B • Rep. Bill Macklin-R B • Rep. Ray Vandeveer-R B • Rep. Carlos Mariani-DFL 9 Sen. Keith Langseth-DFL 23 Sen. Dennis R. Frederickson-R 37 Sen. Pat Pariseau-R 51 Sen. Jane Krentz-DFL 65 Sen. Sandra L. Pappas-DFL A • Rep. Bud Nornes-R A • Rep. John Dorn-DFL A • Rep. Tim Commers-R A • Rep. Satveer Chaudhary-DFL A • Rep. Tom Osthoff-DFL B • Rep. Hilda Bettermann-R B • Rep. Ruth Johnson-DFL B • Rep. -R B • Rep. Geri Evans-DFL B • Rep. Alice Hausman-DFL 10 Sen. Cal Larson-R 24 Sen. John C. Hottinger-DFL 38 Sen. Deanna L. Wiener-DFL 52 Sen. Steven G. Novak-DFL 66 Sen. Ellen R. Anderson-DFL A • Rep. Roxann Daggett-R A • Rep. John Tuma-R A • Rep. Thomas W. Pugh-DFL A • Rep. Phil Krinkie-R A • Rep. Jim Farrell-DFL B • Rep. Mary Ellen Otremba-DFL B • Rep. Lynda Boudreau-R B • Rep. Bob Milbert-DFL B • Rep. Sherry Broecker-R B • Rep. Steve Trimble-DFL 11 Sen. Dallas C. Sams-DFL 25 Sen. Thomas M. Neuville-R 39 Sen. James P. Metzen-DFL 53 Sen. Linda Runbeck-R 67 Sen. Randy C. Kelly-DFL A • Rep. Kris Hasskamp-DFL A • Rep. Bob Gunther-R A • Rep. Mark P. Mahon-DFL A • Rep. Mary Jo McGuire-DFL B • Rep. Stephen G. Wenzel-DFL B • Rep. Henry J. Kalis-DFL B • Rep. Kevin Knight-R B • Rep. Mindy Greiling-DFL List as of January 28, 1998 12 Sen. Don Samuelson-DFL 26 Sen. Tracy L. Beckman-DFL 40 Sen. Dave Johnson-DFL 54 Sen. John Marty-DFL This document can be made available in A • Rep. Torrey Westrom-R A • Rep. Ron Kraus-R A • Rep. Alice Seagren-R A • Rep. Harry Mares-R alternative formats B • Rep. Doug Peterson-DFL B • Rep. Rob Leighton-DFL B • Rep. Ken Wolf-R B • Rep. Betty McCollum-DFL by calling the House at 13 Sen. Charles A. Berg-IND. 27 Sen. Pat Piper-DFL 41 Sen. William V. Belanger Jr.-R 55 Sen. Charles W. Wiger-DFL 651-296-2146 voice, 651-296-9896 TTY A • Rep. Steve Dehler-R A • Rep. Doug Reuter-R A • Rep. Ron Erhardt-R A • Rep. Mark Holsten-R or the Senate at 651-296-0504 voice B • Rep. Doug Stang-R B • Rep. Steve Sviggum-R B • Rep. -R B • Rep. Peg Larsen-R 14 Sen. Michelle L. Fischbach-R 28 Sen. Dick Day-R 42 Sen. Roy Terwilliger-R 56 Sen. Gary W. Laidig-R or 651-296-0250 TTY 109 Chapter Index Chapter Index

Highlights Summary Highlights Summary CH# HF# SF# Committee Page Page CH# HF# SF# Committee Page Page

Res. 5 ...... 2417* ...... 2055 ...... ECIT ...... 51 ...... 81 303 ...... 2043 ...... 1583* ...... GO ...... 33 ...... 89 Res. 6 ...... 3250* ...... 2786 ...... TT ...... 57 ...... 81 304 ...... 2294 ...... 2041* ...... TA...... 53 ...... 100 Res. 7 ...... 3258 ...... 2699* ...... HH ...... 43 ...... 81 305 ...... 2681 ...... 2372* ...... HH ...... 37 ...... 91 Res. 8 ...... 3854* ...... 3406 ...... WM ...... 54 ...... 81 306 ...... 3524 ...... 3016* ...... EN ...... 27 ...... 86 252 ...... 2492 ...... 2111* ...... EN ...... 29 ...... 86 307 ...... 2508 ...... 2581* ...... LOGMA ...... 35 ...... 98 253 ...... 661* ...... 663 ...... ECIT ...... 83 308 ...... 2824 ...... 2281* ...... LOGMA ...... 49 ...... 98 254 ...... 2524* ...... 2134 ...... JU ...... 47 ...... 93 309 ...... 2641 ...... 2378* ...... CTCA ...... 15 ...... 82 255 ...... 1554 ...... 1440* ...... JU ...... 47 ...... 94 310 ...... 2665 ...... 2316* ...... TT ...... 57 ...... 101 256 ...... 2372* ...... 2017 ...... LOGMA ...... 48 ...... 98 311 ...... 1882 ...... 1654* ...... JU ...... 65 ...... 94 257 ...... 2550* ...... 2261 ...... HH ...... 38 ...... 91 312 ...... 2686 ...... 2269* ...... EN ...... 26 ...... 86 258 ...... 2338* ...... 2167 ...... GLVAE ...... 57 ...... 88 313 ...... 2785 ...... 2373* ...... JU ...... 36 ...... 94 259 ...... 2499* ...... 2156 ...... LOGMA ...... 49 ...... 98 314 ...... 3254 ...... 2725* ...... LOGMA ...... 49 ...... 98 260 ...... 2890 ...... 2478* ...... FII ...... 11 ...... 87 315 ...... 2315* ...... 2344 ...... CTCA ...... 13 ...... 82 261 ...... 2828* ...... 2345 ...... HH ...... 37 ...... 91 316 ...... 2401 ...... 2207* ...... HH ...... 37 ...... 91 262 ...... 2390 ...... 2031* ...... JU ...... 94 317 ...... 2786 ...... 2447* ...... HH ...... 37 ...... 92 263 ...... 2576 ...... 2028* ...... TT ...... 56 ...... 100 318 ...... 2489* ...... 2381 ...... EN ...... 26 ...... 86 264 ...... none ...... 2379* ...... GO ...... 89 319 ...... 3355 ...... 3032* ...... FII ...... 46 ...... 87 265 ...... 2646 ...... 2621* ...... LMR ...... 22 ...... 97 320 ...... 2507 ...... 3036* ...... TA...... 15 ...... 100 266 ...... 2590* ...... 2122 ...... JU ...... 40 ...... 94 321 ...... 2706 ...... 2068* ...... CTCA ...... 54 ...... 82 267 ...... 2425 ...... 2170* ...... CTCA ...... 14 ...... 82 322 ...... 2920 ...... 2911* ...... RIE ...... 29 ...... 99 268 ...... 2927 ...... 2525* ...... LOGMA ...... 98 323 ...... 2750 ...... 2262* ...... FII ...... 45 ...... 87 269 ...... 3119 ...... 2685* ...... LOGMA ...... 48 ...... 98 324 ...... 1116 ...... 1814* ...... CTCA ...... 33 ...... 83 270 ...... 2811 ...... 2315* ...... GO ...... 89 325 ...... 2667 ...... 2429* ...... LOGMA ...... 98 271 ...... 3734 ...... 2354* ...... GO ...... 32 ...... 89 326 ...... 3644* ...... 3170 ...... RIE ...... 16 ...... 99 272 ...... 3095* ...... 2688 ...... GLVAE ...... 57 ...... 88 327 ...... 2309* ...... 2136 ...... FII ...... 10 ...... 88 273 ...... 2866 ...... 2477* ...... GO ...... 33 ...... 89 328 ...... 3432 ...... 2659* ...... FII ...... 45 ...... 88 274 ...... 3040* ...... 2355 ...... HH ...... 91 329 ...... 3138 ...... 2861* ...... HH ...... 38 ...... 92 275 ...... 2642* ...... 2280 ...... LMR ...... 23 ...... 97 330 ...... 381 ...... 695* ...... HH ...... 64 ...... 92 276 ...... 2809* ...... 2791 ...... LOGMA ...... 48 ...... 98 331 ...... 3748 ...... 908* ...... FII ...... 11 ...... 88 277 ...... 2616* ...... 2255 ...... LOGMA ...... 48 ...... 98 332 ...... 2615 ...... 2252* ...... JU ...... 19 ...... 94 278 ...... 3071* ...... 2849 ...... RIE ...... 24 ...... 99 333 ...... 176 ...... 154* ...... JU ...... 34 ...... 94 279 ...... 3593 ...... 2457* ...... GO ...... 33 ...... 89 334 ...... 2814* ...... 2130 ...... HH ...... 45 ...... 92 280 ...... 3148 ...... 2047* ...... CTCA ...... 40 ...... 82 335 ...... 2016 ...... 2550* ...... FII ...... 10 ...... 88 281 ...... 1414 ...... 1151* ...... JU ...... 47 ...... 94 336 ...... 1207 ...... 330* ...... JU ...... 19 ...... 94 282 ...... 2696 ...... 2402* ...... EN ...... 26 ...... 86 337 ...... 3389 ...... 2493* ...... JU ...... 10 ...... 95 283 ...... 3296 ...... 2729* ...... TT ...... 51 ...... 101 338 ...... 2861 ...... 2040* ...... JU ...... 28 ...... 95 284 ...... 2992 ...... 2669* ...... HH ...... 23 ...... 91 339 ...... 2625 ...... 2267* ...... FII ...... 88 285 ...... 3028 ...... 2163* ...... TT ...... 56 ...... 101 340 ...... 2308* ...... 2014 ...... CTCA ...... 15 ...... 83 286 ...... 2777 ...... 2516* ...... GO ...... 32 ...... 89 341 ...... 3297* ...... 2296 ...... EN ...... 27 ...... 87 287 ...... 2846* ...... 2245 ...... FII ...... 64 ...... 87 342 ...... 113* ...... 76 ...... EN ...... 27 ...... 87 288 ...... 668* ...... 668 ...... HH ...... 44 ...... 91 343 ...... 2983 ...... 2966* ...... CTCA ...... 16 ...... 83 289 ...... 2601* ...... 2677 ...... CTCA ...... 40 ...... 82 344 ...... 2971 ...... 2489* ...... CTCA ...... 16 ...... 83 290 ...... 2612* ...... 2335 ...... TT ...... 56 ...... 101 345 ...... 3042* ...... 2797 ...... RIE ...... 44 ...... 99 291 ...... 2779 ...... 2230* ...... JU ...... 40 ...... 94 346 ...... 2387 ...... 2149* ...... GLVAE ...... 63 ...... 88 292 ...... 2635 ...... 2574* ...... LOGMA ...... 40 ...... 98 347 ...... 2567 ...... 2221* ...... GLVAE ...... 62 ...... 88 293 ...... 3065 ...... 2608* ...... FII ...... 45 ...... 87 348 ...... 3324 ...... 2445* ...... RIE ...... 44 ...... 99 294 ...... 3532 ...... 3068* ...... LMR ...... 32 ...... 97 349 ...... 2774 ...... 2302* ...... LOGMA ...... 49 ...... 99 295 ...... 2500* ...... 2540 ...... FII ...... 10 ...... 87 350 ...... 3070* ...... 2847 ...... RIE ...... 40 ...... 100 296 ...... 2222* ...... 1973 ...... LOGMA ...... 50 ...... 98 351 ...... 3068* ...... 2520 ...... GO ...... 90 297 ...... 2895* ...... 2293 ...... FII ...... 87 352 ...... 2526 ...... 2148* ...... GLVAE ...... 63 ...... 88 298 ...... 3442 ...... 2945* ...... JU ...... 34 ...... 94 353 ...... 3841 ...... 3397* ...... CTCA ...... 14 ...... 83 299 ...... 2523 ...... 2266* ...... TA...... 100 354 ...... 3332* ...... 2949 ...... JU ...... 28 ...... 95 300 ...... 2659 ...... 2570* ...... TA...... 100 355 ...... 1693 ...... 1074* ...... LMR ...... 23 ...... 97 301 ...... 1306 ...... 1076* ...... HH ...... 36 ...... 91 356 ...... 2673* ...... 1946 ...... GO ...... 34 ...... 90 302 ...... 2790 ...... 2384* ...... LOGMA ...... 49 ...... 98 357 ...... 1668 ...... 1480* ...... JU ...... 47 ...... 95

House committee abbreviations key

AG Agriculture HH Health & Human Services HF House File CI Capital Investment JU Judiciary SF Senate File CTCA Commerce, Tourism & Consumer Affairs LMR Labor-Management Relations CH Chapter ECIT Economic Development & International Trade LOGMA Local Government & Metropolitan Affairs Res. Resolution ED Education RIE Regulated Industries & Energy EN Environment & Natural Resources TA Taxes FII Financial Institutions & Insurance TT Transportation & Transit GLVAE General Legislation, Veterans Affairs & Elections WM Ways & Means GO Governmental Operations

110 Chapter Index

Highlights Summary Highlights Summary CH# HF# SF# Committee Page Page CH# HF# SF# Committee Page Page

358 ...... 3465 ...... 3084* ...... LMR ...... 23 ...... 97 387 ...... 103 ...... 161* ...... GLVAE ...... 31 ...... 89 359 ...... 2947 ...... 2730* ...... GO ...... 33 ...... 90 388 ...... 2532 ...... 2407* ...... TT ...... 55 ...... 101 360 ...... 2700 ...... 2192* ...... ECIT ...... 50 ...... 83 389 ...... 3840* ...... 2985 ...... WM ...... 51 ...... 103 361 ...... 3184* ...... 3207 ...... JU ...... 36 ...... 95 390 ...... 2970* ...... 2555 ...... GO ...... 31 ...... 90 362 ...... 3830* ...... 3393 ...... WM ...... 35 ...... 102 391 ...... 3140 ...... 2351* ...... EN ...... 26 ...... 87 363 ...... 3145* ...... 2719 ...... TA...... 39 ...... 100 392 ...... 3808 ...... 41* ...... JU ...... 29 ...... 96 364 ...... 2695 ...... 2274* ...... CTCA ...... 14 ...... 83 393 ...... 2357 ...... 2346* ...... LOGMA ...... 48 ...... 99 365 ...... 2803 ...... 2532* ...... ED ...... 63 ...... 84 394 ...... 349 ...... 1181* ...... AG ...... 61 ...... 82 366 ...... 3137 ...... 3354* ...... WM ...... 29, 65 ...... 102 395 ...... 3853* ...... 3409 ...... WM ...... 9 ...... 104 367 ...... none ...... 3345* ...... JU ...... 17 ...... 95 396 ...... 2734 ...... 2498* ...... JU ...... 18 ...... 96 368 ...... 2736* ...... 2205 ...... LOGMA ...... 49 ...... 99 397 ...... 2174 ...... 2082* ...... ED ...... 22 ...... 84 369 ...... 3459 ...... 2751* ...... LMR ...... 23 ...... 97 398 ...... 2874* ...... 3378 ...... ED ...... 19 ...... 85 370 ...... 2293 ...... 2118* ...... GLVAE ...... 63 ...... 89 399 ...... 2521 ...... 2050* ...... JU ...... 46 ...... 96 371 ...... 1626 ...... 1378* ...... JU ...... 46 ...... 96 400 ...... 1351 ...... 1169* ...... EN ...... 25 ...... 87 372 ...... 3057 ...... 3298* ...... TT ...... 54 ...... 101 401 ...... 3799 ...... 3353* ...... WM ...... 24, 65 ...... 104 373 ...... 2708* ...... 2414 ...... AG ...... 9 ...... 82 402 ...... 2065 ...... 816* ...... AG ...... 9 ...... 82 374 ...... 3806 ...... 3367* ...... WM ...... 62 ...... 102 403 ...... 2589 ...... 2592* ...... TT ...... 56 ...... 101 375 ...... 3402 ...... 2928* ...... FII ...... 45 ...... 88 404 ...... 3843* ...... none ...... WM ...... 11 ...... 104 376 ...... 2486 ...... 2256* ...... GLVAE ...... 22 ...... 89 405 ...... 2654* ...... 2318 ...... TT ...... 55 ...... 102 377 ...... 2326 ...... 2586* ...... JU ...... 96 406 ...... 2985* ...... 2682 ...... JU ...... 15 ...... 96 378 ...... 3064 ...... 2718* ...... WM ...... 61 ...... 103 407 ...... 2868 ...... 3346* ...... HH ...... 41, 66 ...... 92 379 ...... 2722* ...... 2756 ...... EN ...... 27 ...... 87 408 ...... 3839 ...... 3396* ...... JU ...... 47 ...... 97 380 ...... 3654* ...... 3189 ...... RIE ...... 43 ...... 100 381 ...... 680 ...... 535* ...... LOGMA ...... 50 ...... 99 1998 Special Session 382 ...... 2784 ...... 2276* ...... JU ...... 28 ...... 96 1 ...... 1 ...... 2* ...... WM ...... 59 ...... 105 383 ...... 3862* ...... 3411 ...... WM ...... 34 ...... 103 2 ...... 2 ...... 1* ...... JU ...... 60 ...... 105 384 ...... none ...... 3297* ...... ED ...... 38, 65 ...... 84 3 ...... 7 ...... 8* ...... JU ...... 47 ...... 105 385 ...... 3268 ...... 2645* ...... LOGMA ...... 50 ...... 99 386 ...... 384 ...... 726* ...... GO ...... 34 ...... 90

111 House File Index House File Index

Highlights Summary Highlights Summary HF# SF# CH# Committee Page Page HF# SF# CH# Committee Page Page none ...... 2379* ...... 264 ...... GO ...... 89 2567 ...... 2221* ...... 347 ...... GLVAE ...... 62 ...... 88 none ...... 3345* ...... 367 ...... JU ...... 17 ...... 95 2576 ...... 2028* ...... 263 ...... TT ...... 56 ...... 100 none ...... 3297* ...... 384 ...... ED ...... 38, 65 ...... 84 2589 ...... 2592* ...... 403 ...... TT ...... 56 ...... 101 103 ...... 161* ...... 387 ...... GLVAE ...... 31 ...... 89 2590* ...... 2122 ...... 266 ...... JU ...... 40 ...... 94 113* ...... 76 ...... 342 ...... EN ...... 27 ...... 87 2601* ...... 2677 ...... 289 ...... CTCA ...... 40 ...... 82 176 ...... 154* ...... 333 ...... JU ...... 34 ...... 94 2612* ...... 2335 ...... 290 ...... TT ...... 56 ...... 101 349 ...... 1181* ...... 394 ...... AG ...... 61 ...... 82 2615 ...... 2252* ...... 332 ...... JU ...... 19 ...... 94 381 ...... 695* ...... 330 ...... HH ...... 64 ...... 92 2616* ...... 2255 ...... 277 ...... LOGMA ...... 48 ...... 98 384 ...... 726* ...... 386 ...... GO ...... 34 ...... 90 2625 ...... 2267* ...... 339 ...... FII ...... 88 661* ...... 663 ...... 253 ...... ECIT ...... 83 2635 ...... 2574* ...... 292 ...... LOGMA ...... 40 ...... 98 668* ...... 668 ...... 288 ...... HH ...... 44 ...... 91 2641 ...... 2378* ...... 309 ...... CTCA ...... 15 ...... 82 680 ...... 535* ...... 381 ...... LOGMA ...... 50 ...... 99 2642* ...... 2280 ...... 275 ...... LMR ...... 23 ...... 97 1116 ...... 1814* ...... 324 ...... CTCA ...... 33 ...... 83 2646 ...... 2621* ...... 265 ...... LMR ...... 22 ...... 97 1207 ...... 330* ...... 336 ...... JU ...... 19 ...... 94 2654* ...... 2318 ...... 405 ...... TT ...... 55 ...... 102 1306 ...... 1076* ...... 301 ...... HH ...... 36 ...... 91 2659 ...... 2570* ...... 300 ...... TA...... 100 1351 ...... 1169* ...... 400 ...... EN ...... 25 ...... 87 2665 ...... 2316* ...... 310 ...... TT ...... 57 ...... 101 1414 ...... 1151* ...... 281 ...... JU ...... 47 ...... 94 2667 ...... 2429* ...... 325 ...... LOGMA ...... 98 1554 ...... 1440* ...... 255 ...... JU ...... 47 ...... 94 2673* ...... 1946 ...... 356 ...... GO ...... 34 ...... 90 1626 ...... 1378* ...... 371 ...... JU ...... 46 ...... 96 2681 ...... 2372* ...... 305 ...... HH ...... 37 ...... 91 1668 ...... 1480* ...... 357 ...... JU ...... 47 ...... 95 2686 ...... 2269* ...... 312 ...... EN ...... 26 ...... 86 1693 ...... 1074* ...... 355 ...... LMR ...... 23 ...... 97 2695 ...... 2274* ...... 364 ...... CTCA ...... 14 ...... 83 1882 ...... 1654* ...... 311 ...... JU ...... 65 ...... 94 2696 ...... 2402* ...... 282 ...... EN ...... 26 ...... 86 2016 ...... 2550* ...... 335 ...... FII ...... 10 ...... 88 2700 ...... 2192* ...... 360 ...... ECIT ...... 50 ...... 83 2043 ...... 1583* ...... 303 ...... GO ...... 33 ...... 89 2706 ...... 2068* ...... 321 ...... CTCA ...... 54 ...... 82 2065 ...... 816* ...... 402 ...... AG ...... 9 ...... 82 2708* ...... 2414 ...... 373 ...... AG ...... 9 ...... 82 2174 ...... 2082* ...... 397 ...... ED ...... 22 ...... 84 2722* ...... 2756 ...... 379 ...... EN ...... 27 ...... 87 2222* ...... 1973 ...... 296 ...... LOGMA ...... 50 ...... 98 2734 ...... 2498* ...... 396 ...... JU ...... 18 ...... 96 2293 ...... 2118* ...... 370 ...... GLVAE ...... 63 ...... 89 2736* ...... 2205 ...... 368 ...... LOGMA ...... 49 ...... 99 2294 ...... 2041* ...... 304 ...... TA...... 53 ...... 100 2750 ...... 2262* ...... 323 ...... FII ...... 45 ...... 87 2308* ...... 2014 ...... 340 ...... CTCA ...... 15 ...... 83 2774 ...... 2302* ...... 349 ...... LOGMA ...... 49 ...... 99 2309* ...... 2136 ...... 327 ...... FII ...... 10 ...... 88 2777 ...... 2516* ...... 286 ...... GO ...... 32 ...... 89 2315* ...... 2344 ...... 315 ...... CTCA ...... 13 ...... 82 2779 ...... 2230* ...... 291 ...... JU ...... 40 ...... 94 2326 ...... 2586* ...... 377 ...... JU ...... 96 2784 ...... 2276* ...... 382 ...... JU ...... 28 ...... 96 2338* ...... 2167 ...... 258 ...... GLVAE ...... 57 ...... 88 2785 ...... 2373* ...... 313 ...... JU ...... 36 ...... 94 2357 ...... 2346* ...... 393 ...... LOGMA ...... 48 ...... 99 2786 ...... 2447* ...... 317 ...... HH ...... 37 ...... 92 2372* ...... 2017 ...... 256 ...... LOGMA ...... 48 ...... 98 2790 ...... 2384* ...... 302 ...... LOGMA ...... 49 ...... 98 2387 ...... 2149* ...... 346 ...... GLVAE ...... 63 ...... 88 2803 ...... 2532* ...... 365 ...... ED ...... 63 ...... 84 2390 ...... 2031* ...... 262 ...... JU ...... 94 2809* ...... 2791 ...... 276 ...... LOGMA ...... 48 ...... 98 2401 ...... 2207* ...... 316 ...... HH ...... 37 ...... 91 2811 ...... 2315* ...... 270 ...... GO ...... 89 2417* ...... 2055 ...... Res. 5 ...... ECIT ...... 51 ...... 81 2814* ...... 2130 ...... 334 ...... HH ...... 45 ...... 92 2425 ...... 2170* ...... 267 ...... CTCA ...... 14 ...... 82 2824 ...... 2281* ...... 308 ...... LOGMA ...... 49 ...... 98 2486 ...... 2256* ...... 376 ...... GLVAE ...... 22 ...... 89 2828* ...... 2345 ...... 261 ...... HH ...... 37 ...... 91 2489* ...... 2381 ...... 318 ...... EN ...... 26 ...... 86 2846* ...... 2245 ...... 287 ...... FII ...... 64 ...... 87 2492 ...... 2111* ...... 252 ...... EN ...... 29 ...... 86 2861 ...... 2040* ...... 338 ...... JU ...... 28 ...... 95 2499* ...... 2156 ...... 259 ...... LOGMA ...... 49 ...... 98 2866 ...... 2477* ...... 273 ...... GO ...... 33 ...... 89 2500* ...... 2540 ...... 295 ...... FII ...... 10 ...... 87 2868 ...... 3346* ...... 407 ...... HH ...... 41, 66 ...... 92 2507 ...... 3036* ...... 320 ...... TA...... 15 ...... 100 2874* ...... 3378 ...... 398 ...... ED ...... 19 ...... 85 2508 ...... 2581* ...... 307 ...... LOGMA ...... 35 ...... 98 2890 ...... 2478* ...... 260 ...... FII ...... 11 ...... 87 2521 ...... 2050* ...... 399 ...... JU ...... 46 ...... 96 2895* ...... 2293 ...... 297 ...... FII ...... 87 2523 ...... 2266* ...... 299 ...... TA...... 100 2920 ...... 2911* ...... 322 ...... RIE ...... 29 ...... 99 2524* ...... 2134 ...... 254 ...... JU ...... 47 ...... 93 2927 ...... 2525* ...... 268 ...... LOGMA ...... 98 2526 ...... 2148* ...... 352 ...... GLVAE ...... 63 ...... 88 2947 ...... 2730* ...... 359 ...... GO ...... 33 ...... 90 2532 ...... 2407* ...... 388 ...... TT ...... 55 ...... 101 2970* ...... 2555 ...... 390 ...... GO ...... 31 ...... 90 2550* ...... 2261 ...... 257 ...... HH ...... 38 ...... 91 2971 ...... 2489* ...... 344 ...... CTCA ...... 16 ...... 83

House committee abbreviations key

AG Agriculture HH Health & Human Services HF House File CI Capital Investment JU Judiciary SF Senate File CTCA Commerce, Tourism & Consumer Affairs LMR Labor-Management Relations CH Chapter ECIT Economic Development & International Trade LOGMA Local Government & Metropolitan Affairs Res. Resolution ED Education RIE Regulated Industries & Energy EN Environment & Natural Resources TA Taxes FII Financial Institutions & Insurance TT Transportation & Transit GLVAE General Legislation, Veterans Affairs & Elections WM Ways & Means GO Governmental Operations

112 House File Index

Highlights Summary Highlights Summary HF# SF# CH# Committee Page Page HF# SF# CH# Committee Page Page

2983 ...... 2966* ...... 343 ...... CTCA ...... 16 ...... 83 3402 ...... 2928* ...... 375 ...... FII ...... 45 ...... 88 2985* ...... 2682 ...... 406 ...... JU ...... 15 ...... 96 3432 ...... 2659* ...... 328 ...... FII ...... 45 ...... 88 2992 ...... 2669* ...... 284 ...... HH ...... 23 ...... 91 3442 ...... 2945* ...... 298 ...... JU ...... 34 ...... 94 3028 ...... 2163* ...... 285 ...... TT ...... 56 ...... 101 3459 ...... 2751* ...... 369 ...... LMR ...... 23 ...... 97 3040* ...... 2355 ...... 274 ...... HH ...... 91 3465 ...... 3084* ...... 358 ...... LMR ...... 23 ...... 97 3042* ...... 2797 ...... 345 ...... RIE ...... 44 ...... 99 3524 ...... 3016* ...... 306 ...... EN ...... 27 ...... 86 3057 ...... 3298* ...... 372 ...... TT ...... 54 ...... 101 3532 ...... 3068* ...... 294 ...... LMR ...... 32 ...... 97 3064 ...... 2718* ...... 378 ...... WM ...... 61 ...... 103 3593 ...... 2457* ...... 279 ...... GO ...... 33 ...... 89 3065 ...... 2608* ...... 293 ...... FII ...... 45 ...... 87 3644* ...... 3170 ...... 326 ...... RIE ...... 16 ...... 99 3068* ...... 2520 ...... 351 ...... GO ...... 90 3654* ...... 3189 ...... 380 ...... RIE ...... 43 ...... 100 3070* ...... 2847 ...... 350 ...... RIE ...... 40 ...... 100 3734 ...... 2354* ...... 271 ...... GO ...... 32 ...... 89 3071* ...... 2849 ...... 278 ...... RIE ...... 24 ...... 99 3748 ...... 908* ...... 331 ...... FII ...... 11 ...... 88 3095* ...... 2688 ...... 272 ...... GLVAE ...... 57 ...... 88 3799 ...... 3353* ...... 401 ...... WM ...... 24, 65 ...... 104 3119 ...... 2685* ...... 269 ...... LOGMA ...... 48 ...... 98 3806 ...... 3367* ...... 374 ...... WM ...... 62 ...... 102 3137 ...... 3354* ...... 366 ...... WM ...... 29, 65 ...... 102 3808 ...... 41* ...... 392 ...... JU ...... 29 ...... 96 3138 ...... 2861* ...... 329 ...... HH ...... 38 ...... 92 3830* ...... 3393 ...... 362 ...... WM ...... 35 ...... 102 3140 ...... 2351* ...... 391 ...... EN ...... 26 ...... 87 3839 ...... 3396* ...... 408 ...... JU ...... 47 ...... 97 3145* ...... 2719 ...... 363 ...... TA...... 39 ...... 100 3840* ...... 2985 ...... 389 ...... WM ...... 51 ...... 103 3148 ...... 2047* ...... 280 ...... CTCA ...... 40 ...... 82 3841 ...... 3397* ...... 353 ...... CTCA ...... 14 ...... 83 3184* ...... 3207 ...... 361 ...... JU ...... 36 ...... 95 3843* ...... none ...... 404 ...... WM ...... 11 ...... 104 3250* ...... 2786 ...... Res. 6 ...... TT ...... 57 ...... 81 3853* ...... 3409 ...... 395 ...... WM ...... 9 ...... 104 3254 ...... 2725* ...... 314 ...... LOGMA ...... 49 ...... 98 3854* ...... 3406 ...... Res. 8 ...... WM ...... 54 ...... 81 3258 ...... 2699* ...... Res. 7 ...... HH ...... 43 ...... 81 3862* ...... 3411 ...... 383 ...... WM ...... 34 ...... 103 3268 ...... 2645* ...... 385 ...... LOGMA ...... 50 ...... 99 3296 ...... 2729* ...... 283 ...... TT ...... 51 ...... 101 1998 Special Session 3297* ...... 2296 ...... 341 ...... EN ...... 27 ...... 87 1 ...... 2* ...... 1 ...... WM ...... 59 ...... 105 3324 ...... 2445* ...... 348 ...... RIE ...... 44 ...... 99 2 ...... 1* ...... 2 ...... JU ...... 60 ...... 105 3332* ...... 2949 ...... 354 ...... JU ...... 28 ...... 95 7 ...... 8* ...... 3 ...... JU ...... 47 ...... 105 3355 ...... 3032* ...... 319 ...... FII ...... 46 ...... 87 3389 ...... 2493* ...... 337 ...... JU ...... 10 ...... 95

113 Senate File Index Senate File Index

Highlights Summary Highlights Summary SF# HF# CH# Committee Page Page SF# HF# CH# Committee Page Page none ...... 3843* ...... 404 ...... WM ...... 11 ...... 104 2245 ...... 2846* ...... 287 ...... FII ...... 64 ...... 87 41* ...... 3808 ...... 392 ...... JU ...... 29 ...... 96 2252* ...... 2615 ...... 332 ...... JU ...... 19 ...... 94 76 ...... 113* ...... 342 ...... EN ...... 27 ...... 87 2255 ...... 2616* ...... 277 ...... LOGMA ...... 48 ...... 98 154* ...... 176 ...... 333 ...... JU ...... 34 ...... 94 2256* ...... 2486 ...... 376 ...... GLVAE ...... 22 ...... 89 161* ...... 103 ...... 387 ...... GLVAE ...... 31 ...... 89 2261 ...... 2550* ...... 257 ...... HH ...... 38 ...... 91 330* ...... 1207 ...... 336 ...... JU ...... 19 ...... 94 2262* ...... 2750 ...... 323 ...... FII ...... 45 ...... 87 535* ...... 680 ...... 381 ...... LOGMA ...... 50 ...... 99 2266* ...... 2523 ...... 299 ...... TA ...... 100 663 ...... 661* ...... 253 ...... ECIT ...... 83 2267* ...... 2625 ...... 339 ...... FII ...... 88 668 ...... 668* ...... 288 ...... HH ...... 44 ...... 91 2269* ...... 2686 ...... 312 ...... EN ...... 26 ...... 86 695* ...... 381 ...... 330 ...... HH ...... 64 ...... 92 2274* ...... 2695 ...... 364 ...... CTCA ...... 14 ...... 83 726* ...... 384 ...... 386 ...... GO...... 34 ...... 90 2276* ...... 2784 ...... 382 ...... JU ...... 28 ...... 96 816* ...... 2065 ...... 402 ...... AG ...... 9 ...... 82 2280 ...... 2642* ...... 275 ...... LMR ...... 23 ...... 97 908* ...... 3748 ...... 331 ...... FII ...... 11 ...... 88 2281* ...... 2824 ...... 308 ...... LOGMA ...... 49 ...... 98 1074* ...... 1693 ...... 355 ...... LMR ...... 23 ...... 97 2293 ...... 2895* ...... 297 ...... FII ...... 87 1076* ...... 1306 ...... 301 ...... HH ...... 36 ...... 91 2296 ...... 3297* ...... 341 ...... EN ...... 27 ...... 87 1151* ...... 1414 ...... 281 ...... JU ...... 47 ...... 94 2302* ...... 2774 ...... 349 ...... LOGMA ...... 49 ...... 99 1169* ...... 1351 ...... 400 ...... EN ...... 25 ...... 87 2315* ...... 2811 ...... 270 ...... GO...... 89 1181* ...... 349 ...... 394 ...... AG ...... 61 ...... 82 2316* ...... 2665 ...... 310 ...... TT ...... 57 ...... 101 1378* ...... 1626 ...... 371 ...... JU ...... 46 ...... 96 2318 ...... 2654* ...... 405 ...... TT ...... 55 ...... 102 1440* ...... 1554 ...... 255 ...... JU ...... 47 ...... 94 2335 ...... 2612* ...... 290 ...... TT ...... 56 ...... 101 1480* ...... 1668 ...... 357 ...... JU ...... 47 ...... 95 2344 ...... 2315* ...... 315 ...... CTCA ...... 13 ...... 82 1583* ...... 2043 ...... 303 ...... GO...... 33 ...... 89 2345 ...... 2828* ...... 261 ...... HH ...... 37 ...... 91 1654* ...... 1882 ...... 311 ...... JU ...... 65 ...... 94 2346* ...... 2357 ...... 393 ...... LOGMA ...... 48 ...... 99 1814* ...... 1116 ...... 324 ...... CTCA ...... 33 ...... 83 2351* ...... 3140 ...... 391 ...... EN ...... 26 ...... 87 1946 ...... 2673* ...... 356 ...... GO...... 34 ...... 90 2354* ...... 3734 ...... 271 ...... GO...... 32 ...... 89 1973 ...... 2222* ...... 296 ...... LOGMA ...... 50 ...... 98 2355 ...... 3040* ...... 274 ...... HH ...... 91 2014 ...... 2308* ...... 340 ...... CTCA ...... 15 ...... 83 2372* ...... 2681 ...... 305 ...... HH ...... 37 ...... 91 2017 ...... 2372* ...... 256 ...... LOGMA ...... 48 ...... 98 2373* ...... 2785 ...... 313 ...... JU ...... 36 ...... 94 2028* ...... 2576 ...... 263 ...... TT ...... 56 ...... 100 2378* ...... 2641 ...... 309 ...... CTCA ...... 15 ...... 82 2031* ...... 2390 ...... 262 ...... JU ...... 94 2379* ...... none ...... 264 ...... GO...... 89 2040* ...... 2861 ...... 338 ...... JU ...... 28 ...... 95 2381 ...... 2489* ...... 318 ...... EN ...... 26 ...... 86 2041* ...... 2294 ...... 304 ...... TA ...... 53 ...... 100 2384* ...... 2790 ...... 302 ...... LOGMA ...... 49 ...... 98 2047* ...... 3148 ...... 280 ...... CTCA ...... 40 ...... 82 2402* ...... 2696 ...... 282 ...... EN ...... 26 ...... 86 2050* ...... 2521 ...... 399 ...... JU ...... 46 ...... 96 2407* ...... 2532 ...... 388 ...... TT ...... 55 ...... 101 2055 ...... 2417* ...... Res. 5 ...... ECIT ...... 51 ...... 81 2414 ...... 2708* ...... 373 ...... AG ...... 9 ...... 82 2068* ...... 2706 ...... 321 ...... CTCA ...... 54 ...... 82 2429* ...... 2667 ...... 325 ...... LOGMA ...... 98 2082* ...... 2174 ...... 397 ...... ED ...... 22 ...... 84 2445* ...... 3324 ...... 348 ...... RIE ...... 44 ...... 99 2111* ...... 2492 ...... 252 ...... EN ...... 29 ...... 86 2447* ...... 2786 ...... 317 ...... HH ...... 37 ...... 92 2118* ...... 2293 ...... 370 ...... GLVAE ...... 63 ...... 89 2457* ...... 3593 ...... 279 ...... GO...... 33 ...... 89 2122 ...... 2590* ...... 266 ...... JU ...... 40 ...... 94 2477* ...... 2866 ...... 273 ...... GO...... 33 ...... 89 2130 ...... 2814* ...... 334 ...... HH ...... 45 ...... 92 2478* ...... 2890 ...... 260 ...... FII ...... 11 ...... 87 2134 ...... 2524* ...... 254 ...... JU ...... 47 ...... 93 2489* ...... 2971 ...... 344 ...... CTCA ...... 16 ...... 83 2136 ...... 2309* ...... 327 ...... FII ...... 10 ...... 88 2493* ...... 3389 ...... 337 ...... JU ...... 10 ...... 95 2148* ...... 2526 ...... 352 ...... GLVAE ...... 63 ...... 88 2498* ...... 2734 ...... 396 ...... JU ...... 18 ...... 96 2149* ...... 2387 ...... 346 ...... GLVAE ...... 63 ...... 88 2516* ...... 2777 ...... 286 ...... GO...... 32 ...... 89 2156 ...... 2499* ...... 259 ...... LOGMA ...... 49 ...... 98 2520 ...... 3068* ...... 351 ...... GO...... 90 2163* ...... 3028 ...... 285 ...... TT ...... 56 ...... 101 2525* ...... 2927 ...... 268 ...... LOGMA ...... 98 2167 ...... 2338* ...... 258 ...... GLVAE ...... 57 ...... 88 2532* ...... 2803 ...... 365 ...... ED ...... 63 ...... 84 2170* ...... 2425 ...... 267 ...... CTCA ...... 14 ...... 82 2540 ...... 2500* ...... 295 ...... FII ...... 10 ...... 87 2192* ...... 2700 ...... 360 ...... ECIT ...... 50 ...... 83 2550* ...... 2016 ...... 335 ...... FII ...... 10 ...... 88 2205 ...... 2736* ...... 368 ...... LOGMA ...... 49 ...... 99 2555 ...... 2970* ...... 390 ...... GO...... 31 ...... 90 2207* ...... 2401 ...... 316 ...... HH ...... 37 ...... 91 2570* ...... 2659 ...... 300 ...... TA ...... 100 2221* ...... 2567 ...... 347 ...... GLVAE ...... 62 ...... 88 2574* ...... 2635 ...... 292 ...... LOGMA ...... 40 ...... 98 2230* ...... 2779 ...... 291 ...... JU ...... 40 ...... 94 2581* ...... 2508 ...... 307 ...... LOGMA ...... 35 ...... 98

House committee abbreviations key

AG Agriculture HH Health & Human Services HF House File CI Capital Investment JU Judiciary SF Senate File CTCA Commerce, Tourism & Consumer Affairs LMR Labor-Management Relations CH Chapter ECIT Economic Development & International Trade LOGMA Local Government & Metropolitan Affairs Res. Resolution ED Education RIE Regulated Industries & Energy EN Environment & Natural Resources TA Taxes FII Financial Institutions & Insurance TT Transportation & Transit GLVAE General Legislation, Veterans Affairs & Elections WM Ways & Means GO Governmental Operations

114 Senate File Index

Highlights Summary Highlights Summary SF# HF# CH# Committee Page Page SF# HF# CH# Committee Page Page

2586* ...... 2326 ...... 377 ...... JU ...... 96 2966* ...... 2983 ...... 343 ...... CTCA ...... 16 ...... 83 2592* ...... 2589 ...... 403 ...... TT ...... 56 ...... 101 2985 ...... 3840* ...... 389 ...... WM ...... 51 ...... 103 2608* ...... 3065 ...... 293 ...... FII ...... 45 ...... 87 3016* ...... 3524 ...... 306 ...... EN ...... 27 ...... 86 2621* ...... 2646 ...... 265 ...... LMR ...... 22 ...... 97 3032* ...... 3355 ...... 319 ...... FII ...... 46 ...... 87 2645* ...... 3268 ...... 385 ...... LOGMA ...... 50 ...... 99 3036* ...... 2507 ...... 320 ...... TA ...... 15 ...... 100 2659* ...... 3432 ...... 328 ...... FII ...... 45 ...... 88 3068* ...... 3532 ...... 294 ...... LMR ...... 32 ...... 97 2669* ...... 2992 ...... 284 ...... HH ...... 23 ...... 91 3084* ...... 3465 ...... 358 ...... LMR ...... 23 ...... 97 2677 ...... 2601* ...... 289 ...... CTCA ...... 40 ...... 82 3170 ...... 3644* ...... 326 ...... RIE ...... 16 ...... 99 2682 ...... 2985* ...... 406 ...... JU ...... 15 ...... 96 3189 ...... 3654* ...... 380 ...... RIE ...... 43 ...... 100 2685* ...... 3119 ...... 269 ...... LOGMA ...... 48 ...... 98 3207 ...... 3184* ...... 361 ...... JU ...... 36 ...... 95 2688 ...... 3095* ...... 272 ...... GLVAE ...... 57 ...... 88 3297* ...... none ...... 384 ...... ED ...... 38, 65 ...... 84 2699* ...... 3258 ...... Res. 7 ...... HH ...... 43 ...... 81 3298* ...... 3057 ...... 372 ...... TT ...... 54 ...... 101 2718* ...... 3064 ...... 378 ...... WM ...... 61 ...... 103 3345* ...... none ...... 367 ...... JU ...... 17 ...... 95 2719 ...... 3145* ...... 363 ...... TA ...... 39 ...... 100 3346* ...... 2868 ...... 407 ...... HH ...... 41, 66 ...... 92 2725* ...... 3254 ...... 314 ...... LOGMA ...... 49 ...... 98 3353* ...... 3799 ...... 401 ...... WM ...... 24, 65 ...... 104 2729* ...... 3296 ...... 283 ...... TT ...... 51 ...... 101 3354* ...... 3137 ...... 366 ...... WM ...... 29, 65 ...... 102 2730* ...... 2947 ...... 359 ...... GO...... 33 ...... 90 3367* ...... 3806 ...... 374 ...... WM ...... 62 ...... 102 2751* ...... 3459 ...... 369 ...... LMR ...... 23 ...... 97 3378 ...... 2874* ...... 398 ...... ED ...... 19 ...... 85 2756 ...... 2722* ...... 379 ...... EN ...... 27 ...... 87 3393 ...... 3830* ...... 362 ...... WM ...... 35 ...... 102 2786 ...... 3250* ...... Res. 6 ...... TT ...... 57 ...... 81 3396* ...... 3839 ...... 408 ...... JU ...... 47 ...... 97 2791 ...... 2809* ...... 276 ...... LOGMA ...... 48 ...... 98 3397* ...... 3841 ...... 353 ...... CTCA ...... 14 ...... 83 2797 ...... 3042* ...... 345 ...... RIE ...... 44 ...... 99 3406 ...... 3854* ...... Res. 8 ...... WM ...... 54 ...... 81 2847 ...... 3070* ...... 350 ...... RIE ...... 40 ...... 100 3409 ...... 3853* ...... 395 ...... WM ...... 9 ...... 104 2849 ...... 3071* ...... 278 ...... RIE ...... 24 ...... 99 3411 ...... 3862* ...... 383 ...... WM ...... 34 ...... 103 2861* ...... 3138 ...... 329 ...... HH ...... 38 ...... 92 2911* ...... 2920 ...... 322 ...... RIE ...... 29 ...... 99 1998 Special Session 2928* ...... 3402 ...... 375 ...... FII ...... 45 ...... 88 1* ...... 2 ...... 2 ...... JU ...... 60 ...... 105 2945* ...... 3442 ...... 298 ...... JU ...... 34 ...... 94 2* ...... 1 ...... 1 ...... WM ...... 59 ...... 105 2949 ...... 3332* ...... 354 ...... JU ...... 28 ...... 95 8* ...... 7 ...... 3 ...... JU ...... 47 ...... 105

115 Effective Date Index Effective Date Index

Highlights Summary Effective Date Committee Title HF# SF# Page Page

2/13/98 ...... EN ...... Fish house restrictions and license periods modified ...... 2492 ...... 2111* ...... 29 ...... 86 2/26/98 ...... LOGMA ...... Norman County Medical Center bid exemption ...... 2372* ...... 2017 ...... 48 ...... 98 2/26/98 ...... HH ...... Rural hospital flexibility program ...... 2550* ...... 2261 ...... 38 ...... 91 2/26/98 ...... GLVAE ...... Gulf War vet bonus program modified ...... 2338* ...... 2167 ...... 57 ...... 88 2/28/98 ...... LOGMA ...... Hennepin County board small purchase limit increased ...... 2499* ...... 2156 ...... 49 ...... 98 2/28/98 ...... FII ...... Savings Association Act maintained ...... 2890 ...... 2478* ...... 11 ...... 87 3/17/98 ...... LMR ...... Standard collection procedure exemption provided to overpaid re-employment insurance benefits ...... 2642* ...... 2280 ...... 23 ...... 97 3/17/98 ...... CTCA ...... Manufactured home park owners limited dealer’s licenses ...... 3148 ...... 2047* ...... 40 ...... 82 3/17/98 ...... TT ...... Bicycle rack advertisements and informational signs placement and maintenance authority ...... 3296 ...... 2729* ...... 51 ...... 101 3/19/98 ...... TT ...... Motor vehicle dealers licensing requirements exemption for charitable organizations ...... 3028 ...... 2163* ...... 56 ...... 101 3/19/98 ...... GO ...... Employee relations department experimental or research projects authority expansion ...... 2777 ...... 2516* ...... 32 ...... 89 3/19/98 ...... JU ...... Elderly housing definition modification for discrimination prohibition exemption purposes ...... 2779 ...... 2230* ...... 40 ...... 94 3/19/98 ...... LOGMA ...... Cartways established by town boards upon owner petition ...... 2222* ...... 1973 ...... 50 ...... 98 3/19/98 ...... FII ...... Township mutual insurance companies permitted investments expanded ...... 2895* ...... 2293 ...... 87 3/19/98 ...... TA ...... Property tax rebate for tax pre-payments ...... 2294 ...... 2041* ...... 53 ...... 100 3/19/98 (Sec. 5); Upon local approval (Secs. 1-4) LOGMA ...... Chisago County recorder appointment; Rush City easements ...... 2790 ...... 2384* ...... 49 ...... 98 3/24/98 ...... EN ...... Qualified landfills authorized to accept materials from closed dumps ...... 3524 ...... 3016* ...... 27 ...... 86 3/24/98 ...... CTCA ...... Corporate professional and professional services definitions expanded ...... 2641 ...... 2378* ...... 15 ...... 82 3/24/98 ...... TT ...... Intrastate hazardous material carriers provided uniform registration and permit program ...... 2665 ...... 2316* ...... 57 ...... 101 3/24/98 ...... RIE ...... Lawful gambling revisions ...... 2920 ...... 2911* ...... 29 ...... 99 3/24/98 ...... LOGMA ...... Local government services advisory council membership increase and appointment clarification ...... 2667 ...... 2429* ...... 98 3/24/98 ...... RIE ...... Combined school districts extended area telephone service voting requirements modification...... 3644* ...... 3170 ...... 16 ...... 99 3/24/98 ...... FII ...... Life insurance company investments and transactions regulations modified...... 3432 ...... 2659* ...... 45 ...... 88 3/24/98 (Secs. 1-4, 9-29); 11/1/98 (Secs. 5-8) ...... HH ...... Health occupations licensure requirements modified ...... 2786 ...... 2447* ...... 37 ...... 92 3/26/98 ...... JU ...... DWI repeat offenders sentencing to intensive supervision and incarceration...... 2615 ...... 2252* ...... 19 ...... 94 3/5/98 ...... GO ...... Local government unit aid distribution clarification in township annexation...... none ...... 2379* ...... 89 3/6/98 ...... LOGMA ...... Public officers contract interest authority clarification ...... 3119 ...... 2685* ...... 48 ...... 98 3/7/98 ...... GLVAE ...... Four Chaplains Day designation ...... 3095* ...... 2688 ...... 57 ...... 88 4/10/98 ...... GLVAE ...... Elections provisions modifications for constitutionality purposes ...... 2486 ...... 2256* ...... 22 ...... 89 4/10/98 ...... RIE ...... Electric industry restructuring comprehensive study required...... 3654* ...... 3189 ...... 43 ...... 100 4/10/98 (generally) ...... WM ...... Tornado relief bill ...... 3862* ...... 3411 ...... 34 ...... 103 4/10/98 (Sec. 1); 12/31/98 (Secs. 1, 3, 4) ...... EN ...... Red tag issuance authorized for underground petroleum storage tank violations...... 2722* ...... 2756 ...... 27 ...... 87 4/10/98 (Sec. 6); 7/1/98 (balance) ...... ED ...... Omnibus higher education supplemental appropriations ...... none ...... 3297* ...... 38, 65 ...... 84 4/18/98 ...... LOGMA ...... Counties authorized to provide grants to nonprofit community food shelves ...... 2736* ...... 2205 ...... 49 ...... 99 4/21/98 ...... LOGMA ...... Metropolitan Council and agency contractors affirmative action plan requirements...... 680 ...... 535* ...... 50 ...... 99 4/21/98 ...... LOGMA ...... Metropolitan Council and agency contractors affirmative action plan requirements...... 3268 ...... 2645* ...... 50 ...... 99 4/21/98 (Sec. 1); 6/1/98 (balance) ...... EN ...... Personal watercraft operation restrictions increased ...... 1351 ...... 1169* ...... 25 ...... 87 4/21/98 (Sec. 2); Upon local approval (Sec. 1) .... LOGMA ...... Minneapolis civilian police review authority provided ...... 2357 ...... 2346* ...... 48 ...... 99 4/21/98 (Secs. 1-7); 7/1/98 (Sec. 8) ...... JU ...... Sex offender registration law expanded ...... 2734 ...... 2498* ...... 18 ...... 96 4/21/98 (Secs. 3, 4, 6); 8/1/98 (balance) ...... TT ...... License provisions clarified ...... 2654* ...... 2318 ...... 55 ...... 102 4/23/98 ...... JU ...... Economic loss arising from the sales of goods provision effect on civil actions based on fraud clarified .... 2 ...... 1* ...... 60 ...... 105 4/3/98 ...... LOGMA ...... County optional forms of government adoption referendum procedure clarification...... 2774 ...... 2302* ...... 49 ...... 99 4/3/98 (Secs. 3, 5) ...... GO ...... Public employee labor agreements ratified ...... 3068* ...... 2520 ...... 90 4/4/98 (Secs. 1, 19, 20, 21) ...... GO ...... Administration department provisions modifications ...... 2947 ...... 2730* ...... 33 ...... 90 4/4/98 (Secs. 1-7); 7/1/97 (Sec. 8, retro.) ...... JU ...... Open adoption agreements modified...... 3332* ...... 2949 ...... 28 ...... 95

House committee abbreviations key

AG Agriculture HH Health & Human Services HF House File CI Capital Investment JU Judiciary SF Senate File CTCA Commerce, Tourism & Consumer Affairs LMR Labor-Management Relations CH Chapter ECIT Economic Development & International Trade LOGMA Local Government & Metropolitan Affairs Res. Resolution ED Education RIE Regulated Industries & Energy EN Environment & Natural Resources TA Taxes FII Financial Institutions & Insurance TT Transportation & Transit GLVAE General Legislation, Veterans Affairs & Elections WM Ways & Means GO Governmental Operations

116 Effective Date Index

Highlights Summary Effective Date Committee Title HF# SF# Page Page

4/7/98 ...... JU ...... Minnesota Free Flow of Information Act disclosure provisions ...... 1668 ...... 1480* ...... 47 ...... 95 4/7/98 ...... LMR ...... Hibbing taconite company employees additional re-employment insurance benefits ...... 3465 ...... 3084* ...... 23 ...... 97 4/7/98 (Secs. 1-7); 4/7/98 (Sec. 8) with qualifications ...... WM ...... Payment of claims against the state...... 3830* ...... 3393 ...... 35 ...... 102 4/8/98 (Sec. 1); 7/10/90 (retro.) with qualifications ...... ECIT ...... Local government units corporations creation clarification ...... 2700 ...... 2192* ...... 50 ...... 83 5/31/97 (retro.) ...... CTCA ...... Air carriers agreements franchise law retroactive exemption application exclusions ...... 3841 ...... 3397* ...... 14 ...... 83 6/30/98 (repealed) ...... GO ...... Rural finance authority and housing finance electronic meetings authority permanency ...... 3593 ...... 2457* ...... 33 ...... 89 6/30/98 (Secs. 7, 8) ...... RIE ...... One call excavation notice system modification ...... 3324 ...... 2445* ...... 44 ...... 99 7/1/97 (retro.) ...... GO ...... Director of Office of Technology membership to various organizations clarified ...... 2811 ...... 2315* ...... 89 7/1/98 ...... HH ...... Long-term nursing care facility payroll documentation procedures modified ...... 3040* ...... 2355 ...... 91 7/1/98 ...... LMR ...... Workers’ compensation benefits special compensation fund reimbursement requirement elimination ... 3532 ...... 3068* ...... 32 ...... 97 7/1/98 ...... RIE ...... Long-distance telephone provider slamming and loading disclosure requirements expanded ...... 3042* ...... 2797 ...... 44 ...... 99 7/1/98 (generally); 5/1/98 (Art. 1, Sec. 33) ...... GO ...... State agencies procurement process modification ...... 384 ...... 726* ...... 34 ...... 90 7/1/99 ...... ECIT ...... Landlord and tenant law recodified, clarified, and relocated ...... 661* ...... 663 ...... 83 7/1/99 (delays sunset until); 1/5/99 (report due) ...... AG ...... Veterinarians allowed to dock horses ...... 2065 ...... 816* ...... 9 ...... 82 8/1/98 ...... JU ...... Revisor’s bill ...... 2524* ...... 2134 ...... 47 ...... 93 8/1/98 ...... JU ...... Uniform Certification of Questions of Law Act adopted ...... 1554 ...... 1440* ...... 47 ...... 94 8/1/98 ...... HH ...... Commissioner of health public water supply approval authority modified...... 2828* ...... 2345 ...... 37 ...... 91 8/1/98 ...... JU ...... Real property conveyance provisions modified ...... 2390 ...... 2031* ...... 94 8/1/98 ...... TT ...... Emergency vehicle signal operation modification ...... 2576 ...... 2028* ...... 56 ...... 100 8/1/98 ...... JU ...... Tenant security deposit interest rate increase ...... 2590* ...... 2122 ...... 40 ...... 94 8/1/98 ...... GO ...... Public employees insurance program expansion ...... 3734 ...... 2354* ...... 32 ...... 89 8/1/98 ...... GO ...... CFL and Economic Security reorganization codified ...... 2866 ...... 2477* ...... 33 ...... 89 8/1/98 ...... LOGMA ...... Audited financial statement copies provided to members of the local unit of government...... 2809* ...... 2791 ...... 48 ...... 98 8/1/98 ...... RIE ...... Petroleum product specifications modified ...... 3071* ...... 2849 ...... 24 ...... 99 8/1/98 ...... JU ...... Guardians and conservators appointment provisions modifications ...... 1414 ...... 1151* ...... 47 ...... 94 8/1/98 ...... EN ...... Merchandise pallets unauthorized possession or damage prohibitions ...... 2696 ...... 2402* ...... 26 ...... 86 8/1/98 ...... HH ...... Rehabilitation services business arrangements use and rate variance mechanism flexibility ...... 2992 ...... 2669* ...... 23 ...... 91 8/1/98 ...... HH ...... Industrial Hygienist and Safety Professional Title Protection Act adopted...... 668* ...... 668 ...... 44 ...... 91 8/1/98 ...... TT ...... Trunk Highway #95 designated as State Trooper Timothy Bowe Memorial Highway ...... 2612* ...... 2335 ...... 56 ...... 101 8/1/98 ...... LOGMA ...... Headwaters Regional Development Commission nonprofit housing corporation establishment ...... 2635 ...... 2574* ...... 40 ...... 98 8/1/98 ...... FII ...... Customer loss or theft of a debit card limited liability provided ...... 2500* ...... 2540 ...... 10 ...... 87 8/1/98 ...... JU ...... Interstate emergency management assistance compact ...... 3442 ...... 2945* ...... 34 ...... 94 8/1/98 ...... GO ...... State agencies rules and programs policy and obsolete, unnecessary or duplicative rules regulation ...... 2043 ...... 1583* ...... 33 ...... 89 8/1/98 ...... HH ...... Hepatitis B immunization required for children ...... 2681 ...... 2372* ...... 37 ...... 91 8/1/98 ...... EN ...... Board of Water and Soil Resources hearing and review provisions modified ...... 2686 ...... 2269* ...... 26 ...... 86 8/1/98 ...... JU ...... Civil commitment release on provisions modified ...... 2785 ...... 2373* ...... 36 ...... 94 8/1/98 ...... LOGMA ...... County recorder and registrar functions provided additional methods...... 3254 ...... 2725* ...... 49 ...... 98 8/1/98 ...... CTCA ...... Trademarks and service marks regulated ...... 2315* ...... 2344 ...... 13 ...... 82 8/1/98 ...... EN ...... Ramsey and Washington counties state trail extended ...... 2489* ...... 2381 ...... 26 ...... 86 8/1/98 ...... FII ...... Investments of Insurers Act adopted ...... 3355 ...... 3032* ...... 46 ...... 87 8/1/98 ...... TA ...... Limited partnership withdrawals regulated ...... 2507 ...... 3036* ...... 15 ...... 100 8/1/98 ...... CTCA ...... Electronic message reliability and certification authorities required ...... 2706 ...... 2068* ...... 54 ...... 82 8/1/98 ...... FII ...... Reinsurance intermediary brokers funds investment authority regulation ...... 2750 ...... 2262* ...... 45 ...... 87 8/1/98 ...... CTCA ...... Board provisions modifications ...... 1116 ...... 1814* ...... 33 ...... 83 8/1/98 ...... HH ...... Emergency medical care automatic external defibrillators use liability immunity ...... 3138 ...... 2861* ...... 38 ...... 92 8/1/98 ...... FII ...... Trust companies regulation provisions modification ...... 3748 ...... 908* ...... 11 ...... 88 8/1/98 ...... JU ...... Food donors’ liability limit...... 176 ...... 154* ...... 34 ...... 94 8/1/98 ...... JU ...... Nonprofit corrections treatment facilities liability limit ...... 1207 ...... 330* ...... 19 ...... 94 8/1/98- ...... JU ...... Financial institutions liability immunity for stolen or fraudulent checks information release ...... 3389 ...... 2493* ...... 10 ...... 95 8/1/98 ...... JU ...... Child and medical support enforcement administration process modification ...... 2861 ...... 2040* ...... 28 ...... 95 8/1/98 ...... CTCA ...... Accountant licensing provisions modified ...... 2308* ...... 2014 ...... 15 ...... 83 8/1/98 ...... CTCA ...... Residential mortgage loans regulated, and table funding requirements established ...... 2971 ...... 2489* ...... 16 ...... 83 8/1/98 ...... RIE ...... Decorative gas lamp prohibition variance provided ...... 3070* ...... 2847 ...... 40 ...... 100 8/1/98 ...... LMR ...... Public safety dispatchers as essential employees under PELRA ...... 1693 ...... 1074* ...... 23 ...... 97 8/1/98 ...... GO ...... Compensation increase provided for state employees on leave serving as Red Cross disaster volunteers . 2673* ...... 1946 ...... 34 ...... 90 8/1/98 ...... TA ...... Low income housing tax credit allocation and compliance monitoring review provided ...... 3145* ...... 2719 ...... 39 ...... 100 8/1/98 ...... LMR ...... Employers nursing mothers accommodations requirement ...... 3459 ...... 2751* ...... 23 ...... 97 8/1/98 ...... AG ...... Agricultural marketing and bargaining advisory committee established ...... 2708* ...... 2414 ...... 9 ...... 82 8/1/98 ...... FII ...... Insurance company affiliates rebating activities prohibition ...... 3402 ...... 2928* ...... 45 ...... 88 8/1/98 ...... EN ...... State park additions and deletions specified ...... 3140 ...... 2351* ...... 26 ...... 87 8/1/98 ...... JU ...... Advanced health care directive provisions modified ...... 2521 ...... 2050* ...... 46 ...... 96

117 Effective Date Index

Highlights Summary Effective Date Committee Title HF# SF# Page Page

8/1/98 (Art. 1, Art. 2, Secs. 18-19); 4/21/98 (Art. 2, Secs. 1-17) ..... JU ...... Child support enforcement provisions modifications ...... 2784 ...... 2276* ...... 28 ...... 96 8/1/98 (recodification); 7/1/98 .... ED ...... Omnibus K-12 education statutes recodification provided ...... 2174 ...... 2082* ...... 22 ...... 84 8/1/98 (Sec. 1); 3/6/98 (Sec. 2) .... CTCA ...... Watercraft trailers and ATVs exempt from motor vehicle sales on Sunday prohibition ...... 2425 ...... 2170* ...... 14 ...... 82 8/1/98 (Sec. 1); 4/1/98 (Secs. 2-12) ...... FII ...... Workers’ compensation self insurance regulation provisions modification ...... 2625 ...... 2267* ...... 88 8/1/98 (Secs. 1, 3); 8/1/97 (Sec. 2, retro.) ...... CTCA ...... Building and construction contract lien and claim waivers and subcontractor payments regulated...... 2601* ...... 2677 ...... 40 ...... 82 1/1/99 ...... HH ...... Health plan coverage for off-label use of drugs ...... 1306 ...... 1076* ...... 36 ...... 91 1/1/99 ...... FII ...... Financial institutions consumer credit issuance and reporting equal treatment of spouses ...... 2309* ...... 2136 ...... 10 ...... 88 1/1/99 ...... HH ...... Health plan companies durable medical equipment coverage requirement ...... 2814* ...... 2130 ...... 45 ...... 92 1/1/99 ...... FII ...... Financial institutions mail loan solicitations regulation ...... 2016 ...... 2550* ...... 10 ...... 88 1/1/99 (Sec. 1); 3/19/98 (Sec. 2) .. FII ...... Health insurance basic Medicare supplement plans coverage for diabetes equipment ...... 3065 ...... 2608* ...... 45 ...... 87 1/1/99 (Secs. 1-30); 7/1/98 (Sec. 31) ...... TT ...... Driver’s license provisions modifications ...... 2532 ...... 2407* ...... 55 ...... 101 8/1/99 (Secs. 2, 3) ...... JU ...... Prenatal alcohol abuse voluntary reporting and legislative report provided ...... 3184* ...... 3207 ...... 36 ...... 95 Federal contingency ...... HH ...... Federal Drug Enforcement Administration registration number requirement exemption provided ...... 2401 ...... 2207* ...... 37 ...... 91 First Monday in January 2003 (if amendment approved) ...... GLVAE ...... Constitutional amendment to abolish office of state treasurer ...... 103 ...... 161* ...... 31 ...... 89 Upon local approval ...... LOGMA ...... Ramsey County purchases from health care cooperatives ...... 2927 ...... 2525* ...... 98 Upon local approval ...... LOGMA ...... Dakota County dangerous dog registration system city administration provided ...... 2616* ...... 2255 ...... 48 ...... 98 Upon local approval ...... LOGMA ...... Olmsted County auditor/treasurer made an appointed position ...... 2508 ...... 2581* ...... 35 ...... 98 Upon local approval ...... LOGMA ...... Dakota County housing employees not deemed county employees without county board consent...... 2824 ...... 2281* ...... 49 ...... 98 Various dates ...... LMR ...... Re-employment insurance technical changes ...... 2646 ...... 2621* ...... 22 ...... 97 Various dates ...... TA ...... Gasoline and special fuels tax provisions recodification and clarification ...... 2523 ...... 2266* ...... 100 Various dates ...... TA ...... Tax provisions technical corrections and administrative changes ...... 2659 ...... 2570* ...... 100 Various dates ...... EN ...... MERLA; statute of limitations provided for filing of actions under MERLA ...... 3297* ...... 2296 ...... 27 ...... 87 Various dates ...... CTCA ...... Minnesota Residential Mortgage Originator and Servicer Licensing Act ...... 2983 ...... 2966* ...... 16 ...... 83 Various dates ...... CTCA ...... Omnibus liquor bill ...... 2695 ...... 2274* ...... 14 ...... 83 Various dates ...... WM ...... Omnibus state departments bill ...... 3137 ...... 3354* ...... 29, 65 ...... 102 Various dates ...... JU ...... Omnibus crime bill ...... none ...... 3345* ...... 17 ...... 95 Various dates ...... JU ...... Government data classification and dissemination provisions ...... 1626 ...... 1378* ...... 46 ...... 96 Various dates ...... TT ...... Omnibus transportation bill ...... 3057 ...... 3298* ...... 54 ...... 101 Various dates ...... WM ...... Omnibus tax bill ...... 3840* ...... 2985 ...... 51 ...... 103 Various dates ...... GO ...... Omnibus pensions bill ...... 2970* ...... 2555 ...... 31 ...... 90 Various dates ...... WM ...... Farmer-lender mediation act provisions modified ...... 3853* ...... 3409 ...... 9 ...... 104 Various dates ...... ED ...... Omnibus K-12 education bill ...... 2874* ...... 3378 ...... 19 ...... 85 Various dates ...... WM ...... Omnibus environment and natural resources bill ...... 3799 ...... 3353* ...... 24, 65 ...... 104 Various dates ...... TT ...... Department of transportation housekeeping bill ...... 2589 ...... 2592* ...... 56 ...... 101 Various dates ...... WM ...... Omnibus bonding bill ...... 3843* ...... none...... 11 ...... 104 Various dates ...... JU ...... Child welfare reform ...... 2985* ...... 2682 ...... 15 ...... 96 Various dates ...... HH ...... Omnibus health and human services bill ...... 2868 ...... 3346* ...... 41, 66 ...... 92 Various dates ...... JU ...... Revisor’s bill ...... 3839 ...... 3396* ...... 47 ...... 97 Various dates ...... WM ...... Omnibus economic development, housing, family and early childhood appropriations...... 1 ...... 2* ...... 59 ...... 105 Various dates ...... JU ...... Revisor’s bill correcting miscellaneous oversights and technical errors ...... 7 ...... 8* ...... 47 ...... 105 Voter approval ...... EN ...... State lottery proceeds dedication to environment and natural resources trust fund ...... 113* ...... 76 ...... 27 ...... 87 Voter approval ...... JU ...... Hunting and fishing rights confirmed and constitutional amendment proposed ...... 3808 ...... 41* ...... 29 ...... 96 na ...... ECIT ...... Congress urged to back NATO admission of Poland, Czech Republic and Republic of Hungary ...... 2417* ...... 2055 ...... 51 ...... 81 na ...... TT ...... President and Congress memorialized to enact the Aircraft Repair Station Safety Act of 1997 ...... 3250* ...... 2786 ...... 57 ...... 81 na ...... HH ...... A resolution to remove Medicaid policy barriers to employment for people with disabilities ...... 3258 ...... 2699* ...... 43 ...... 81 na ...... WM ...... U.S. memorialized to resolve waters and fishing disputes between Ontario and Minnesota ...... 3854* ...... 3406 ...... 54 ...... 81

118 Highlights Subject Index

Highlights Subject Index

A deformed frogs, study funded 25 eligibility criteria 56 dogs, housing 9 investment partnership, limited partners 15 Abortion feedlot regulation local government officials reporting requirements 41 dead bill 67 conflict of interest removed 48 Abrams, Rep. Ron 30 gypsy moths, control program funded 25 Marvin Windows and Doors lawsuit 60 Accountancy, State Board of horses, transporting 9 MnSCU public accountants, oversight of 15 timber wolves, livestock lost to 25 partnerships with businesses 39 Administration, Department of Architecture, Engineering, Land Surveying, nonprofits, liability limits for 19 Capital Asset Preservation and Replacement Landscape Architecture, Geoscience, and Northwest Airlines Account (CAPRA) 13 Interior Design, Minnesota Board of franchise exemption 14 Carlson portrait funded 31 members’ term limits 33 PPG Industries lawsuit 60 guidebooks Attorney General, Office of the professional service providers 15 available on Internet, funded 31 attorney general’s budget public accountants, oversight of 15 Minnesota Alliance with Youth funded 31 vetoed bill, line-item 65 state and local subsidies, receiving parking programs, alternatives to 33 Automobiles dead bill 74 Perpich portrait authorized 30 motor vehicle sales trademarks, service marks 13 Pioneer Public Television tower funded 31 dealer licensing, nonprofits exempt from 56 trailer sales on Sundays 14 Transportation Building renovation 55 personalized license plates year 2000 updates, funded 31 larger pickup trucks eligible 55 C Adoption vehicle registration enforcement 55 fathers' adoption registry 28 Carlson, Rep. Lyndon 70 open adoption law B Carruthers, House Speaker Phil 21, 76 birth parents’ requirements 28 Cars. See Automobiles, Transportation Agriculture Bakk, Rep. Tom 27, 72 Chaudhary, Rep. Satveer 40, 48, 55 Agricultural Marketing and Bargaining Act 9 Banking Children cartways, petitioning for 50 ATM transaction fees Child Guide Program farm machinery dead bill 67 dead bill 69 sales tax exemption 52 credit history 10 child protection system, reforming 15 farmers, aid to 9 customer liability 10 children’s endowment fund farmland debit cards, lost or stolen 10 dead bill 68 property tax rebates 51 fraudulent check reporting 10 Early Childhood Family Education program property tax reform 51 "good funds" law 16 funding 59 feedlot regulation 24 loan solicitations 10 family, early childhood bill dead bill 67 savings associations 11 vetoed bill 63 grain farmers 9 service fees, limiting Head Start funding 59 industrial hemp study dead bill 67 hepatitis B vaccinations vetoed bill 61 trust companies 11 requirements for children 37 Minnesota Grown food program 25 Beckman, Sen. Tracy 59, 62, 67, 69, 74 joint parenting plans mosquito spraying Berglin, Sen. Linda 64 dead bill 72 dead bill 76 Bettermann, Rep. Hilda 32 protection producer associations 9 Betzold, Sen. Don 15, 36, 46, 48, 49, 73, 75 data privacy law changed 46 scab disease 9 Biernat, Rep. Len 71 Children, Families and Learning, Department of timber wolves, livestock lost to 25 Bishop, Rep. Dave 19, 35, 46, 68 duties transferred 33 University of Minnesota Boats family asset accounts 59 agricultural research fund 39 motors in boundary waters homeless assistance 59 Agriculture, Department of dead bill 72 homeless children estimate 59 dairy farmers, funding for lawsuit 25 personal watercraft regulations 24, 25 lead-contaminated residential sites environmental projects cut Bonding cleanup funding 59 vetoed bill, line-item 65 Administration, Department of Lola, Rudy Perpich Center for Arts Education feedlot waste, licensing 24 Capital Asset Preservation and Replacement funding 12 Airports Account (CAPRA) 13 transitional housing funding 59 airport noise convention centers 13 Youth Enrichment Grants, funding 12 public hearings required 50 economic development 13 Cities, Minnesota Alcohol, alternative fuels 24 education, higher 12 Ada Alcohol, drug counselors education, K-12 12 Bridges Medical Center reconstruction 48 regulation changes 37 light rail transit (LRT) 12 audited financial statements Amateur Sports Facility, Minnesota Natural Resources, Department of 13 disposition of 48 winter sports program funded 31 RiverCentre hockey arena 11 dangerous dog registration 48 Americans with Disabilities Act (ADA) state facilities 13 Duluth gambling proceeds, use of 29 tourism 13 convention center funding 13 Anderson, Rep. Irv 11, 14, 29, 54, 67, 73 USS Des Moines firefighters over 35, hiring of 48 Anderson, Sen. Ellen 23, 72, 77 dead bill 68 USS Des Moines, dead bill 68 Animals Budget government officials animal cruelty laws, exceptions to 9 state budget reserve increased 53 conflict of interest removed 48 dangerous dogs, registration of 48 Business Granite Falls highway service signs compulsive-gambling treatment center

119 Highlights Subject Index

funding 29 public information required 44 ephedrine 17 Hibbing slamming, protection from 44 methamphetamine 17 Hibbing Taconite Co. workers' benefits 23 Corrections, Department of DWI limits, lowering Le Center, tornado relief 35 DWI offenders probation program 19 dead bill 70 lead abatement funding 59 funding 18 DWI offenses Minneapolis sex offender registration 18 remote electric monitoring of offenders 18 bicycle racks 51 treatment facilities, liability limits 19 repeat offenders, probation program 19 convention center funding 13 Counties, Minnesota underage violators, license revocation 56 firefighters over 35, hiring of 48 Aitkin fraudulent check reporting 10 Humboldt Avenue “greenway” project Savanna Portage State Park 26 gangs, prosecution of 17 funding 13 Beltrami hazardous waste transportation Lake Street planning board 55 Lake Bemidji State Park 26 background check altered 57 light rail transit (LRT) funding 12 Blue Earth juvenile offenders Neighborhood Development Center Inc. Minneopa State Park 26 contributing to the delinquency of 18 funding 59 Brown open records 18 residency requirements, dead bill 75 nonprofit corporations, creating 50 pat-down searches 18 St. Louis Park, lead abatement funding 59 tornado relief 35 prostitution 18 St. Paul Cass license revocation firefighters over 35, hiring of 48 Crow Wing State Park 26 petition for reinstatement 56 light rail transit (LRT) funding 12 Chisago motorcyclists, anti-discrimination 18 Neighborhood Development Center Inc. recorder appointed 49 penalties, increased for funding 59 Crow Wing drive-by shooting 17 Penumbra performing arts facility Crow Wing State Park 26 illegal firearms 17 funding 13 Dakota murder-kidnapping 17 Phalen Corridor redevelopment funding 13 dangerous dog registration 48 prostitution 17 residency requirements, dead bill 75 DWI offenders probation program 19 police officers, harassing of 17 RiverCentre hockey arena funding 11 treasurer/auditor post appointed 49 prostitution World Trade Center funding 59 government form change penalties increased 18 St. Peter, tornado relief 35 simple majority required 49 reporting of 18 Willmar government officials reports, authorized 18 Child Guide Program, dead bill 69 conflict of interest removed 48 sex offender registration 18 Civil commitment Hennepin treatment facilities, liability limits 19 alcohol abuse, prenatal 36 absentee ballots, vetoed bill 63 violent felons, "three strikes" mental illness 36 department purchases, small 49 dead bill 69 Claims against the state, funding 35 Jackson Criminal Apprehension, Bureau of Clark, Rep. Karen 62, 68, 75 Kilen Woods State Park 26 new building, funding 13 Cohen, Sen. Richard 47 Lake Colleges and Universities, Minnesota State Tettegouche State Park 26 D construction projects funding 12 Lake of the Woods general funding 38 Garden Island State Recreation Area 26 Davids, Rep. Greg 45 Commerce, Department of monetary contributions Dawkins, Rep. Andy 28, 47, 51, 72 mortgage companies, licensing 16 to nonprofits operating food shelves 49 Dead bills trust companies 11 Morrison ATM transaction fees 67 Constitutional amendments Crow Wing State Park 26 banking service fees limits 67 children’s endowment fund Olmsted business and public subsidies 74 dead bill 68 treasurer/auditor, appointed 35 Child Guide Program 69 environmental fund 27 Otter Tail children’s endowment fund 68 hunting, fishing heritage 29 Glendalough State Park 26 curbing repeated violence 69 lottery revenue public television tower funded 31 debt collectors using aliases 69 dedication extended 27 Ramsey County absentee ballots DWI limits, lowering 70 treasurer's office, abolishing 31 vetoed bill 62 education tax credit reforms 70 Consumers real estate filing fees elected Metropolitan Council 71 ATM transaction fees vetoed bill 65 failing schools, state takeover 70 dead bill 67 real estate registration feedlot regulation 67 banking service fees, limiting alternative methods 49 game and fish 72 dead bill 67 St. Louis House, evenly divided 73 credit history 10 Savanna Portage State Park 26 income tax cuts, permanent 77 debit cards, lost or stolen 10 tax aid for flood losses 52 joint parenting 72 debt collectors using aliases Credit medical malpractice lawsuits 75 dead bill 69 debt collectors using aliases Metrodome lease agreements 76 health care assistance 43 dead bill 69 minimum wage, raising 72 home mortgage companies, regulating 16 loan solicitations 10 moose odds increase 73 loan solicitations 10 women 10 mosquitoes, spraying for 76 real estate closings 16 Crime motors in boundary waters 72 rent-to-own contracts burglars, definition of 17 NATO resolution, second 76 dead bill 69 claims against the state 35 "No-wait" rebate 77 Telephone Assistance Plan expansion community notification 18 property tax video 77 vetoed bill 61 conditional release 18 rent-to-own contracts 69 telephone carriers, long-distance drugs residency requirements 75

120 Highlights Subject Index

small gifts still count 74 phasing in of 20 dead bill 72 students riding public buses 71 kindergarten, all-day programs 21 contaminated site cleanup 27 tobacco investments 74 public buses, students riding deformed frogs 25 tobacco tax increase 77 dead bill 71 environment fund, lottery proceeds for 27 Twins, community ownership of 76 special education 20 environmental projects cut U of M regents, selection of 75 start dates 21 vetoed bill, line-item 65 unicameral legislature bills 74 state board abolished 20 feedlot regulation 24 unpaid parental leave 71 summer schools, mandatory attendance 21 dead bill 67 USS Des Moines 68 superintendents, salary cap removed 21 gypsy moths 25 Delmont, Rep. Mike 29 tax credit reforms landfill regulations 27 Development dead bill 70 Minnesota Grown food program 25 jobs, housing, and economic development bill Education, State Board of Minnesota Zoological Gardens, shortfall 24 vetoed bill 62 abolished 20 mosquito spraying Dille, Sen. Steve 10 Elections dead bill 76 Disabled persons absentee ballots personal watercraft 24 work barriers, removal of 43 vetoed bill 63 personal watercraft regulation 25 Disaster relief campaign law petroleum storage tanks, protecting 27 interstate aid 34 anonymous material, distribution of 22 snow fence program 25 Red Cross, state employees paid 34 false material, distribution of 22 snowmobile studs 24 tornado damage funding 25 county government form change state parks tornado relief 34 simple majority required 49 expansion of 26 Dorn, Rep. John 45 Hennepin County absentee ballots Munger Trail extension 26 Drugs vetoed bill 63 timber wolves killing livestock 25 ephedrine 17 Ramsey County absentee ballots tornado damage, restoration funding 25 methamphetamine 17 vetoed bill 62 transport packaging waste, reducing 26 U. S. Drug Enforcement Administration (DEA) voter registration updates waste transfers 27 numbering identification system 37 vetoed bill 63 Wetland Conservation Act, enforcement of 26 DWI voting rights 22 whitewater rafting, St. Anthony Falls 25 DWI limits, lowering Employee Relations, Department of Environmental, Natural Resources Trust Fund 27 dead bill 70 public employees insurance program 32 Evans, Rep. Geri 38 license revocation for underage violators recruitment methods revised 32 age at arrest considered for penalties 56 Employment F offenders, remote electric monitoring of 18 developmentally disabled, training 23 repeat offenders, probation program 19 disabled persons Family work barriers, removal of 43 child support E emergency dispatcher hearing process changes 28 essential employee status granted 23 child support decisions 28 Economic development jobs, housing, and economic development bill family asset accounts 59 state and local subsidies to businesses vetoed bill 62 family, early childhood bill dead bill 74 minimum wage, raising vetoed bill 63 Twins, community ownership of dead bill 72 fathers’ adoption registry 28 dead bill 76 nursing mothers, unpaid breaks 23 joint parenting Economic Security, Department of parental leave, unpaid dead bill 72 duties transferred 33 dead bill 71 Minnesota Grown food program 25 funding for pensions, state employees nursing mothers, unpaid breaks 23 Advocating Change Together, Inc. 59 hospitals, privatizing 32 open adoption law 28 job training 59 judges 32 parental leave, unpaid re-employment programs 59 part-time teachers 32 dead bill 71 youth, summer employment 59 surviving spouse 32 Farming. See Agriculture information providing authorized 46 professional service providers Fetal Alcohol Syndrome, Governor's Task Force on Education, higher. See also Education, K-12 foreign licensed attorneys as 15 prenatal alcohol abuse, reporting of 36 construction projects funding 12 physician assistants as 15 Fischbach, Sen. Michelle 10 general funding 38 public employees, recruitment of 32 Fishing higher education funding cut re-employment benefits constitutional protection 29 vetoed bill, line-item 65 Hibbing Taconite Co. workers 23 disputes with Canada, discussions funded 31 liquor sales on campus 14 unemployment benefits ice fishing season extended 29 regents, modifying selection of calculations reformed 22 Northwest Angle border dispute dead bill 75 overpayment of 23 resolution 54 Education, K-12. See also Education, higher workers’ compensation, application revised 32 underwater video use, prohibiting American Indian programs 21 Energy dead bill 73 basic skills tests 21 alternative fuels, definitions of walleye stocking, increasing boarding academies 21 ethanol 24 dead bill 72 cooperation revenue distribution 22 methanol 24 Flynn, Sen. Carol 33, 48, 71 educators, employment data on 21 biomass alternative energy project funding 59 Foley, Sen. Leo 28, 45, 70, 72, 76 extracurricular activities, fees for 21 power plants, biomass-fueled 44 Folliard, Rep. Betty 57, 63, 75 failing schools, state takeover biomass mandate exemption amended 44 Food dead billl 70 Entenza, Rep. Matt 16, 28, 36, 47, 70 county contributions Graduation Standards Environment to nonprofits operating food shelves 49 funding of 20 boundary waters, motors in

121 Highlights Subject Index

distressed foods, donating 34 Hausman, Rep. Alice 37, 74 Holsten, Rep. Mark 26 food safety Health Hottinger, Sen. John health department initiative 42 abortion reporting requirements 41 23, 34, 35, 37, 38, 45, 67, 69, 74, 75 Food and Drug Administration (FDA) nonprofit hospitals, acquiring Housing “off-label” drug coverage 36 vetoed bill 64 affordable Frederickson, Sen. Dennis 9, 34, 50, 73 cancer seniors options expanded 40 in women 43 shortage of 39 G “off-label” drug coverage 36 deteriorating homes, rehabilitation of 52 emergency care, rendering gas lamp ban 40 Gambling automatic external defibrillators 38 Headwaters Regional Development Commission lottery retailer commissions increased 29 Fetal Alcohol Syndrome 41 affordable housing corporation 40 profits, use of food safety Housing Finance Agency, Minnesota (MHFA) Americans with Disabilities Act (ADA) 29 health department initiative 42 affordable housing funding 59 treatment center, funded 29 guardians, conservators 47 subsidized housing, preserving 53 Garcia, Rep. Edwina 57 health and human services spending tax credit oversight 40 Giants Ridge Golf and Ski Resort vetoed bill, line-item 66 telephone meetings 33 on-sale liquor license 14 health care, consumer assistance 43 transitional housing funding 59 Government health care directives 46 jobs, housing, and economic development bill Administration, Department of health care providers vetoed bill 62 programs funded 31 drug prescription practices 37 liens, mechanics agency duties transferred 33 hepatitis B vaccinations redemption period reduced 40 attorney general’s office, funding for 30 requirements for children 37 manufactured-home sales tax 53 businesses, state and local subsidies to hospitals, rural nonprofit manufactured-home parks dead bill 74 “critical access” designation 38 abandoned homes, selling of 40 Canadian border disputes, talks funded 31 insurance tenant security deposits child care 59 chronically ill, definition tightened 45 interest rate extended 40 claims against the state 35 medical equipment coverage 45 Human Rights, Department of community-based planning Minnesota Comprehensive Health Metropolitan Council contracts 50 program amended 30 Association (MCHA), benefits 45 Human services economic development 59 living wills, revised 46 Basic Sliding Fee program 59 employment boosting 59 medical education and research 42 county contributions family assistance 59 medical emergency vehicles to nonprofits operating food shelves 49 feedlot study funded 30 safety requirement reinstated 56 distressed food, donating 34 food donations authorized 34 medical malpractice lawsuits food stamps for legal immigrants 42 Four Chaplains Day 57 dead bill 75 health and human services spending bill House of Representatives, evenly divided mental illness vetoed bill, line-item 66 dead bill 73 civil commitment law changes 36 long-term care workers, wage hikes 41 housing for homeless funding 59 occupations, regulation changes motor vehicle sales Lottery, Minnesota State alcohol, drug counselors 37 low-income buyers 56 Project Turnabout funding 30 audiologists 37 Red Cross volunteers 34 retailer commissions increased 30 hearing instrument dispensers 37 Human Services, Department of obsolete rules, eliminating 33 mental health practitioners 37 child protective service plan, developing Perpich portrait authorized 30 occupational therapists 37 statewide 15 public employees physical therapists 37 child support hearing process insurance 32 speech-language pathologists 37 study required 28 parking programs, alternatives 33 prenatal alcohol abuse, reporting of 36 Fetal Alcohol Syndrome pensions 32 Public Employee Insurance Program 32 treatment services 41 recruitment methods revised 32 reporting requirements 41 sex offender registration 19 Red Cross volunteers paid 34 sexually transmitted diseases Hunting public officials, small-gift ban treatment and prevention 43 constitutional protection 29 dead bill 74 water systems oversight 37 moose license lottery, odds increased state agencies Health Care Policy and Research, Agency for dead bill 73 procurements, revised 34 rural area study 38 white bears, hunting illegal reports of obsolete rules required 33 Health, Department of dead bill 72 state treasurer's office, abolishing 31 abortion reporting requirements 41 Huntley, Rep. Thomas 37 tobacco investments, selling advisory committee, representatives added 37 dead bill 74 “critical access” hospitals, designation of 38 I tornado relief funding 34 fathers' adoption registry unicameral legislature proposed notification requirements 28 Industry dead bill 74 food safety 42 electric industry, restructuring of 43 Greenfield, Rep. Lee 23, 41, 64, 66 health care Gopher State One-Call Greiling, Rep. Mindy consumer assistance office 43 excavation notice system 44 21, 22, 23, 31, 34, 70, 74, 76 health occupations, regulation changes 37 Industrial Hygiene, American Board of 44 water systems oversight 37 industrial hygienists 44 H Hennepin County pipeline excavation notice, requirements for 44 department purchases, small Pipeline Safety Act of 1987, Minnesota 44 Haas, Rep. Bill 10 board approval unnecessary 49 professional titles, use of 44 Harder, Rep. Elaine 34, 50 Higgins, Sen. Linda 23, 49, 63, 68 safety professionals 44 Hasskamp, Rep. Kris 26 Hilty, Rep. Bill 33, 49 telephone companies, long-distance

122 Highlights Subject Index

consumer information required 44 Marvin Windows and Doors lawsuit 60 dead bill 72 “slamming” prohibited 44 medical malpractice suits, extending deadline Minneapolis. See also Cities, Minnesota Insurance dead bill 75 Minneapolis City Council auto insurance premiums Minnesota Supreme Court MCPRA executive director vetoed bill 64 outside jurisdictions revised 47 appointment process 48 chronically ill, definition tightened 45 news media, protection for 47 Minneapolis Civilian Police Review Authority disabled persons PPG Industries lawsuit 60 (MCPRA) work barriers, removal of 43 revisor's office corrections 47 executive director appointment process 48 investment options expanded 46 Legislative Electric Energy Task Force (LEETF) Minnesota Family Investment Program-Statewide liability limits for nonprofits 19 electric industry study (MFIP-S) medical equipment coverage 45 restructuring, issues of 43 food stamps for legal immigrants 42 Minnesota Comprehensive Health Association Leighton, Rep. Rob 47, 75 information exchange authorized 46 (MCHA), benefits extended 45 Leppik, Rep. Peggy 10, 14 Minnesota Historical Society Public Employee Insurance Program 32 Lessard, Sen. Bob 14, 29 projects funded 13 “off-label” drug coverage 36 Lieder, Rep. Bernie 48, 54 Moe, Senate Majority Leader Roger 16, 48, 61 rebating prohibited 45 Limmer, Sen. Warren 75 Morse, Sen. Steven 24, 27, 28, 32, 38, 65, 72 reinsurance investments 45 Liquor Mullery, Rep. Joe 40, 71 Ironworld Discovery Center on-sale licenses 14 Munger, Rep. Willard 26, 28 on-sale liquor license 14 sales on campus 14 Murphy, Rep. Mary 17, 65 Local Government Murphy, Sen. Steve 57 J residency requirements, Minneapolis, St. Paul dead bill 75 N Janezich, Sen. Jerry 23 Long, Rep. Dee 27, 51, 53, 77 Jaros, Rep. Mike 51 Lourey, Sen. Becky 37, 43, 49 Natural Resources, Department of Jefferson, Rep. Richard 22, 23, 33, 63 children’s endowment fund Jennings, Rep. Loren 40, 44, 49, 56 M dead bill 68 Johnson, Rep. Ruth 34 construction improvements projects Johnson, Sen. Dave 76 Macklin, Rep. Bill 15 funding 13 Johnson, Sen. Dean 50 Mahon, Rep. Mark 56, 64, 76 moose hunting license lottery, odds increased Johnson, Sen. Douglas 27, 51, 53, 64 Mares, Rep. Harry 32 dead bill 73 Johnson, Sen. Janet 49, 54, 56 Marty, Sen. John 22, 74 state parks, expanding 26 Judges McCollum, Rep. Betty 27, 63 tornado damage, restoration funding 25 pensions contributions, increased 31 McElroy, Rep. Dan 48, 49, 50, 69 walleye stocking, increasing Juhnke, Rep. Al 9, 50, 56, 57, 69 McGuire, Rep. Mary Jo 10, 46 dead bill 72 Junge, Sen. Ember 10, 15, 47, 55 Mental illness wetlands report required 26 Juveniles. See also Youth civil commitment law changes 36 whitewater park development, funding 25 offenders Metropolitan affairs Neuville, Sen. Thomas 70 contributing to delinquency 18 Met Council, elected Novak, Sen. Steven 27, 40, 44, 45, 76 open records 18 dead bill 71 pat-down searches 18 Metrodome lease agreements O prostitution 18 dead bill 76 mosquito spraying Oliver, Sen. Edward 11, 14, 15, 69 K dead bill 76 Olson, Rep. Edgar 36, 48 residency requirements Opatz, Rep. Joe 70 Kahn, Rep. Phyllis dead bill 75 Orfield, Rep. Myron 71 30, 31, 34, 35, 49, 54, 61, 76, 77 students riding public buses Osskopp, Rep. Mike 74 Kalis, Rep. Henry 11, 26 dead bill 71 Osthoff, Rep. Tom 24, 63, 65, 73, 77 Kelley, Sen. Steve 54, 62, 71 Metropolitan Airports Commission (MAC) Ourada, Sen. Mark 24, 40 Kelly, Sen. Randy 17, 19, 23, 36, 72 airport noise, public hearings required 50 Ozment, Rep. Dennis 44 Kelso, Rep. Becky 19, 20, 21, 22 Metropolitan Council Kinkel, Rep. Tony 33, 64 airport noise, public hearings required 50 P Kiscaden, Sen. Sheila 32, 35, 45 contract requirements 50 Knight, Rep. Kevin 74 electing members Pappas, Sen. Sandra 57, 77 Knutson, Sen. David 28, 34, 36, 57, 77 dead bill 71 Pariseau, Sen. Pat 49 Krentz, Sen. Jane 26 service redesign 50 Pawlenty, Rep. Tim 57 Kubly, Rep. Gary 40 Metzen, Sen. James 40, 49, 57 Paymar, Rep. Michael 19 Kuisle, Rep. William 49 Milbert, Rep. Bob 29 Pelowski, Rep. Gene 39, 66 Military Penalties. See Crime L Baltic states joining NATO, resolution urging Personal watercraft dead bill 76 lake operation, regulation of 25 Labor and Industry, Department of Four Chaplains Day 57 licensing 25 workers’ compensation division Minnesota National Guard youth watercraft safety course expansion 25 new imaging system 32 interstate disaster relief authorized 34 Peterson, Rep. Doug 67 Laidig, Sen. Gary 68 NATO expansion supported 51 Piper, Sen. Pat 47, 64 Langseth, Sen. Keith 11 USS Des Moines Pogemiller, Sen. Lawrence 20, 22, 51 Larsen, Rep. Peg 33 dead bill 68 Pollution Control Agency, Minnesota (MPCA) Law veterans feedlot ordinances 24 guardianships, conservatorships 47 Gulf War bonuses 57 health care directives 46 Minimum wage, raising information policy, changes 46

123 Highlights Subject Index

contaminated site cleanup 27 Spear, Sen. Allan 19, 51, 74 hearing dates changed 52 cost-recovery lawsuits 27 Sports Technology landfill regulations 27 boundary waters, motors in digital signatures 54 petroleum storage tanks, protecting 27 dead bill 72 gambling organizations waste transfers 27 fishing with video equipment, prohibiting electronic transfer use 29 Price, Sen. Leonard 30, 65 dead bill 73 Telephones Public Safety, Department of hunting long-distance providers driver’s licenses moose lottery, dead bill 73 consumer information required 44 licensing system for teen-agers 55 Metrodome lease agreements "slamming" prohibited 44 funding 18 dead bill 76 school districts, extended service 16 pipeline advisory committee Minnesota Wild 11 state agency meetings via 33 appointment qualifications 44 Munger Trail extension 26 Ten Eyck, Sen. David 40, 65, 75 removal reasons 44 personal watercraft regulation 25 Terwilliger, Sen. Roy 57 Public Utilities Commission RiverCentre hockey arena 11 Tingelstad, Rep. Kathy 38 extended service, petitioning for 16 snowmobile studs 24 Tomassoni, Rep. David 23, 45, 73 Pugh, Rep. Thomas 19, 23, 49, 69 Twins, community ownership Tourism dead bill 76 fishing disputes with Canada R walleye stocking, increasing discussions funded 31 dead bill 72 Northwest Angle fishing dispute Ranum, Sen. Jane 16, 28, 47, 48 white bears, prohibiting hunting resolution 54 Real estate dead bill 73 Towns registration, alternative methods 49 whitewater rafting, St. Anthony Falls 25 cartways, petitioning for 50 Resolutions St. Paul. See Cities, Minnesota government officials aircraft repair 57 Stanek, Rep. Rich 49, 75 conflict of interest removed 48 disabled persons State Patrol, Minnesota Trade and Economic Development, Department of work barriers, removal of 43 funding for Granite Falls Development Authority NATO admission of Baltic states, urging additional state troopers 54 biomass alternative energy project funding 59 dead bill 76 helicopter flight time 54 Transportation NATO expansion supported 51 memorial highway designated aviation Northwest Angle border dispute 54 Bowe, Cpl. Timothy 56 aircraft repair resolution 57 Rest, Rep. Ann H. 11, 15, 34, 40, 46, 70 Stevens, Sen. Dan 27, 33 bicycle racks 51 Revenue, Department of Stumpf, Sen. LeRoy 9, 26, 33, 34, 39, 54, 60, 66 driver's license revocation relocation funding 13 Supreme Court, Minnesota petition for reinstatement 56 Revisor of Statutes, Office of the outside jurisdictions revised 47 underage DWI violators 56 corrections to laws 47 Sviggum, House Minority Leader, Steve 16, 77 driver’s licenses Rhodes, Rep. Jim 57 requirements for teens 55 Robertson, Sen. Martha 21, 33 T funding for Rukavina, Rep. Tom 30, 65, 72, 74 highway construction 54 Runbeck, Sen. Linda 32 Taxes Lake Street planning board 55 Rural Finance Agency 1997 property tax rebates state patrol helicopter flight time 54 telephone meetings 33 homeowners who prepaid tax 53 state troopers, additional 54 budget reserve increased 53 vehicle registration enforcement 55 S deteriorating homes, rehabilitation of hazardous waste transportation property tax exemption 52 background check altered 57 Safe Drinking Water Act education credits reformed highway service signs water systems added 37 dead bill 70 eligibility criteria 56 Safety federal tax changes 53 license plates, personalized gas lamp ban 40 flood losses larger pickup trucks eligible 55 medical emergency vehicles counties receive aid 52 light rail transit, metro area 12 safety requirement reinstated 56 gambling taxes 53 medical emergency vehicles Sams, Sen. Dallas 37, 56 income tax cuts, permanent safety requirement reinstated 56 Samuelson, Sen. Don 11, 29, 41, 66 dead bill 77 memorial highway designated Scheevel, Sen. Kenric 23, 49 "no-wait" rebate Bowe, Cpl. Timothy 56 Scheid, Sen. Linda 16, 33, 63 dead bill 77 motor vehicle sales Seagren, Rep. Alice 44, 70 property tax dealer licensing, nonprofits exempt 56 Secretary of State, Office of rebates 51 trunk highway closings, rescue costs 56 digital signatures reform 51 Treasurer, Office of the State certification authority 54 seniors’ deferral program 52 abolishing 31 Sekhon, Rep. Kathleen 33 property tax video production Trimble, Rep. Steve 59, 62, 74 Seniors dead bill 77 Tuma, Rep. John 72 housing options expanded 40 sales tax Tunheim, Rep. Jim 9, 11, 14, 16, 60 property tax deferral 52 arena, convention center exemptions 52 Skare, Rep. Gail 40, 77 farm machinery exemption 52 Skoglund, Rep. Wes 28, 36, 48 manufactured home sales 53 Slawik, Rep. Nora 15, 37, 68 tax reform and reduction account formed 53 Soil and Water Resources, Board of taxes on public entities 53 funding 13 tobacco tax increase Solon, Sen. Sam 14, 16 dead bill 77 Southwest Regional Development Commission truth-in-taxation Prairieland Expo funding 13

124 Highlights Subject Index

U Hennepin County absentee ballots 63 Wiener, Sen. Deanna industrial hemp study 61 10, 19, 31, 40, 45, 46, 48, 69 University of Minnesota jobs, housing, economic development bill 62 Wiger, Sen. Charles 50, 51, 63 construction projects funding 12 nonprofit hospitals, acquiring 64 Winter, House Majority Leader Ted 10 environmental projects cut Ramsey County absentee ballots 62 Wolf, Rep. Ken 24, 40 vetoed bill, line-item 65 real estate filing fees 65 funding 38 Telephone Assistance Plan expansion 61 Y higher education funding cut voter registration updates 63 vetoed bill, line-item 65 Vetoed bills, line-item Youth regents, modifying selection of attorney general’s budget 65 driver's licenses dead bill 75 environmental projects cut 65 licensing system for teen-agers 55 sexually transmitted diseases health and human services spending 66 Minnesota Alliance with Youth funded 31 treatment and prevention 43 higher education funding cut 65 watercraft safety course 25 Vickerman, Sen. Jim 26, 29, 48, 77 V Z W Van Dellen, Rep. Todd 75, 77 Zoo, Minnesota Veterans Wagenius, Rep. Jean 56 one-time funding 24 Gulf War bonuses 57 Water and Soil Resources, Board of USS Des Moines snow fence funding 25 dead bill 68 wetland conservation duties updated 26 Vetoed bills wetlands report required 26 absentee ballots 63 Weaver, Rep. Charlie 69 auto insurance premiums 64 Wejcman, Rep. Linda 37, 48 family, early childhood bill 63 Wenzel, Rep. Stephen 17, 34, 45

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